EB-1C: Multinational Manager and Executive Immigrant Petitions
EB-1C petitions are filed by employers on behalf of certain employees who are multinational managers or executives. In many respects, the EB-1C classification is similar to the L-1A classification. It should be noted, however, that an L-1A approval does not automatically signify that an employee will be approved for EB-1C. Given the permanent nature of the benefit sought, USCIS adjudicates EB-1C petitions with greater scrutiny than L-1A petitions.
An EB-1C beneficiary must be sponsored by a U.S. employer and must have been employed abroad by the same U.S. employer or an affiliate, or subsidiary of the US employer for at least one year within the three years preceding the filing of the petition. The beneficiary’s position abroad and the U.S. position must have been primarily in a managerial or executive capacity.
A manager is someone who primarily:
- Manages the organization, department, subdivision, function or component of the organization;
- Supervises and controls the work of other supervisory, professional or managerial employees;
- Possesses the authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
An executive is someone who primarily:
- Directs the management of the organization or a major component or function of the organization;
- Establishes goals and policies of the organization, component or function;
- Exercises wide latitude in decision-making; and
- Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
The EB-1C visa category has a number of benefits. For example, the EB-1C visa category does not require a PERM Labor Certification. Bypassing the PERM Labor Certification process makes the permanent residency processes significantly shorter for persons who qualify. Also, no personal investment is required for EB-1C petitions.
By: Zachary Taylor
Zachary Taylor advises employers and individuals on all aspects of U.S. immigration law, with a particular focus on nonimmigrant visas. His practice includes filing petitions and applications for immigration benefits, responding to requests for evidence issued by government agencies, and drafting motions and appeals.