EB-1C Application Requirements and Documentation

EB-1C eligibility is reviewed in four key areas: appropriate intercompany relationship, required foreign executive experience, at least one year of actual activity of the U.S. employer, and proposed executive or executive role in the United States. In addition, general employer petition conditions such as the employer's wage-paying capacity are evaluated. ¹

Appropriate corporate relationship

There must be a regulatory ownership and control relationship between the U.S. employer and the foreign company. Parent company, subsidiary, branch or appropriate subsidiary structures are examples of this. A commercial agreement, franchise relationship or joint branding alone is not sufficient. ¹

In participation analysis, ownership and control by the same person or the same group of people are examined according to the conditions of the relevant definition. A group's ownership and control of approximately the same proportions in two companies may be important. If the names of the partners are the same but the ratio and control are different, automatic suitability cannot be concluded. ¹

Required work in a foreign company

The individual must have worked as a manager or senior manager for the eligible foreign employer for at least one year during the relevant three-year period. Individuals who work for an eligible employer in the USA are evaluated according to the relevant period, entry and work history. A simple application date calculation is not sufficient for every file. ¹

Employer letters should describe duties and dates. Documents such as payroll, organizational structure, and authority records can provide support. Merely being a shareholder or participating in the founding of the company does not replace the required experience of working as a director. ¹

Doing business in the USA for at least one year

Regulation seeks actual activity based on the orderly and systematic delivery of goods or services. Legal establishment of the company may be necessary, but it does not by itself indicate the start of activity. It should be clear what actual records support the one-year period. ¹

Sales and service contracts, invoices, delivery records, financial data and employee documents can be evaluated together. It is different for a company to be only in the preparation phase and to actively engage in customer or service relationships. A forward-looking business plan is not a substitute for an actual year of activity. ¹

What should be the nature of the job in the USA?

Personnel or department management

The individual manages the organization, a division, or an appropriate component; It is evaluated that he supervises the appropriate employees and has the necessary decision authority. First-line supervision is not considered management in all cases; Regulatory distinctions such as management of professional employees are important. Actual duties are taken into account instead of titles. ¹

Management of a core function

Appropriate function management can be evaluated without a large staff of direct reports. However, the essential nature of the function managed, the individual's senior authority, and the role separated from carrying out day-to-day operational work must be concretized. Saying “responsible for sales” and managing the sales function are not the same description. ¹

senior management

Elements such as determining the goals and policies of the organization or a significant part of it, wide discretion and high-level decision-making function are evaluated. These tasks should be separated from the production or service delivery activity itself. Particularly in small companies, daily task distribution constitutes important evidence. ¹

Number of employees and business volume

The regulation does not impose the same minimum staff or turnover figures for every company. However, the structure and volume of activity of the company should explain that the applicant is able to perform mainly management work. The question of how operational work is carried out in a structure with very few personnel is particularly important. ¹

If there is support from external service providers or other units, its true scope can be shown. However, it is not enough to say "the operation is being carried out externally" without documentation. The organizational chart in the case should be consistent with the actual workflow. ¹²

Fee-paying capacity and ongoing eligibility

The U.S. employer's ability to pay the offered wage is shown over the periods and documents in the applicable regulation. The personal wealth of the owner is not the same as the financial viability of the company. It should be separated which funds and records belong to the employer. ¹

Necessary conditions must be met at the time of application. The personnel to be hired or the relationship to be established later cannot be presented as if it existed in the past. The impact of subsequent developments on the case is also evaluated. It is useful to carry out a check at the end of the preparation to show which document proves each essential condition. ²