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EB-1C green card — multinational executives and managers

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The EB-1C is a U.S. green card category for executives and managers of multinational companies who are transferred to a related U.S. company. It requires no labor certification, but it does require a U.S. employer, a qualifying relationship between the companies, and managerial or executive work both abroad and in the United States.

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What the regulations require

Under 8 C.F.R. § 204.5(j)(3), the U.S. employer's petition must show that:

Managerial and executive capacity are defined in the Immigration and Nationality Act, section 101(a)(44). Managing people generally means supervising managers or professionals; managing a function is also possible where the function is essential.

How the process generally works

  1. The U.S. employer files Form I-140 with a statement from an authorized official describing the duties abroad and in the United States, and evidence of the relationship between the companies and of the employer's ability to pay.
  2. When the I-140 is approved and the priority date is current, the person applies for the green card: Form I-485 in the United States or an immigrant visa abroad.

EB-1C and the L-1A

Many people come first in L-1A status, which uses a similar test, and later apply for EB-1C. The two are separate decisions, and an L-1A approval does not by itself decide the EB-1C.

Questions and answers

Does the EB-1C need a labor certification?

No. The EB-1C requires a job offer from the U.S. employer but no labor certification.

Can the owner of a small company use the EB-1C?

It may be possible where the U.S. company has been doing business for at least a year and the role is truly managerial or executive. USCIS looks closely at small companies' staffing and structure.

Is a new U.S. office enough?

Generally not yet: the U.S. employer must have been doing business for at least one year when the petition is filed.

Sources

Related categories

This page is general information about U.S. immigration law, not legal advice. Requirements and procedures change, and whether a category fits depends on the facts of each case. Government filing fees are separate and are set by the agencies.

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