An EB1C, is qualified as an immigrant visa category, whereby an alien who is employed in another country in a qualified entity is then transferred to the United States in a managerial or executive post permanently in the US. This method is generally used by entrepreneurs, also many managers and executive would rather apply for nonimmigrant visa which is the L-1A to come to the US then apply for the eb1c. For this visa, it is to be noted that an individual needs an US based employer for the petition as the eb1c does not allow self-petition. The US company does not require a labor certification to hire a foreign worker they can directly do so by a job offer.
Below are the requirements to qualify for an eb1c:
An individual must be employed for one year I three previous years before coming to the US by the US employer/ the petitioner as either a parent company a subsidiary or affiliate of the entity abroad in which the individual was employed. The US entity should possess at least or more than 50 percent ownership in the foreign entity. However, the EB1C as mentioned above is solely for the managerial and executive. It is paramount that the foreign entity is in relationship of business with the US bases company at the time the immigration petition is being filled. The US entity must be doing business for at least one year and be able to remunerate the immigrant.
If the manager or executive is already in the US, they can proceed by filling the form I-485 with the USCIS otherwise they need to wait for the I-140 form approval to proceed. However, the process for an eb1c takes longer hence many find it more appropriate to apply for L-1A visa then apply for eb1c once they have their petition supported. Though the L1A eases the approval of an eb1c, it is not prerequisite. Normally an eb1c is evaluated in a stricter manner than a L1a. Upon approval of an eb1c a foreign worker can get a green card for them their spouse and unmarried children under 21 years old as it is a visa of immigration classification. And this entail advantages like travelling in across and out of America, work authorization in the USA and access to school for oneself or family members.
The individual (beneficiary of the petition done by the employer) must bear in mind, since this visa require an employer/petitioner if one changes job and the eb1c is pending the previous employer/petitioner can withdraw. Even if the petition was approved and the petitioner/employer informs the USCIS, the visa can be revoked.
Often the USCIS tends to deny eb1c cases as the visa beneficiary’s work does not qualify as managerial nor executive, hence one needs to make sure to establish and depict their roles within their organization in a clear manner, and are professionals (possessing at least a bachelor’s degree).
Another primordial aspect is providing the right documents to the USCIS, such as documents highlighting the qualifying relationship between the foreign and the US based entities, their tax documents, records of their ownership or control over the entities, articles of incorporation, detailed organizational charts of both entities, and signed statements from the foreign and US based entities explaining the nature of the day-to-day job of the foreign worker.
To conclude, when applying for an eb1c, do hire an immigration lawyer and the Shah Peerally Law group has shown great expertise in these cases over several years.
Contact on : 5107425887
Mungur Samiia,
Legal Assistant.