What is the EB-1(c) Immigration Petition for Multinational Executives?

EB-1(c) is an employment-based immigration petition for U.S. permanent residency for managers or executives transferring from a foreign company to its parent, branch, subsidiary or affiliate in the U.S. The petition is filed by the U.S. company which intends to employ the immigrant as a manager or executive.

Does EB-1(c) Have Advantages Over Other Types of Immigration Petitions?

The most important advantage of the EB-1(c) classification is that the applicant does not need to go through the labor certification application process.

Do I Need an Employer to Sponsor My EB-1(c) Application?

Yes. The petitioner must be a U.S. employer that has done business for at least one year and that is an affiliate, subsidiary, or branch of the firm, corporation or other legal entity that employed the foreign national abroad.

Who is Eligible for EB-1(c)?

A multinational manager or executive is eligible to submit an EB-1(c) petition if:

1. He or she has been employed outside the U.S. in the three years preceding the petition for at least one year by the petitioning firm or corporation or by an affiliate or a subsidiary of the petitioning employer;
2. He or she seeks to enter the U.S to continue service to that firm or organization;
3. The employment outside the United States was in a managerial or executive capacity; and
4. The petitioning employer has done business in the U.S. for at least one year.

What Does "Managerial or Executive Capacity" Mean?

“Managerial capacity” means that the individual manages some part of the organization, oversees other personnel, can make hiring and firing decisions, and has control over day-to-day operations. “Executive capacity” means that the individual directs management of all or part of the organization, establishes goals and policies, has broad decision-making power, and is generally unsupervised.

What Documents are Needed for an EB-1(c) Petition?

The petitioning employer needs to submit a wide variety of business documents and other supporting documents to prove its business status and the relationship between the U.S. and foreign company. These can include articles of incorporation, stock certificates, accounting reports, tax returns, commercial contracts, bank statements, organizational charts showing employees including the applicant, company brochures, etc. The applicant needs to submit documents such as his or her resume and diploma, an employment verification letter from the foreign company, and a board resolution or appointment documents verifying his or her transfer to the U.S. company.

The above is intended as a general introduction and should not be construed as legal advice or legal opinion for your particular case. Please contact the Law Offices of Yu & Associates with any specific questions. Tel: (301) 838-8986, Email: syu@yulegal.com, Address: 110 N Washington St., Suite 328E, Rockville, MD 20850.