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EB-1C: Multinational Manager or Executive

What is the EB-1C, Multinational Manager or Executive?

The EB-1C is an immigrant petition that puts you on the path to getting a green card. To be eligible for an EB-1C, you must have been employed by a company for at least 1 year in a manager or executive role and you are offered a permanent, manager or executive role with the same company in the U.S.

What are the benefits of the EB-1C?

The EB-1C allows you to skip the PERM, a lengthy process of testing the labor market for qualified U.S. workers.

How do I qualify for the EB-1C?

To qualify, your U.S. employer must have a qualifying relationship with your prior employer abroad. For example, parent company, subsidiary, affiliate, or branch. The U.S. company must have been doing business in the U.S. for at least 1 year.

Also, you must have:

  1. A U.S. job offer in a managerial or executive capacity AND
  2. Worked for the abroad company for at least 1 year within the past 3 years in a managerial or executive capacity. (Or, if you are already in the U.S., in the 3 years before transfer to the U.S.)

Can I self-petition for an EB-1C?

No. You cannot file an EB-1C on your own. You must have a U.S. job offer, and the EB-1C must be filed by a U.S. company on your behalf.

What is an executive?

The EB-1C requires you to be in a managerial or executive role. An executive is responsible for the large-scale oversight and leadership. For example, a Vice President of Finance would be considered an “executive” role.

What is a manager?

A manager manages a department, subdivision, function, or component of the organization. For example, Project Manager or Finance Manager are considered “manager” roles.

Do I need to have direct reports to qualify for the EB-1C?

No. If you are not a people manager, you can still qualify for EB-1C as a “functional manager”. What a functional manager means is that, even though you do not have direct reports, you manage a critical function for the company. For example, you have discretionary authority over budgets and timeline for the important function that you oversee.

I was a manager abroad, but for a different, unrelated company. Can I still qualify for an EB-1C?

No. The two companies must have a qualifying relationship (such as parent company, subsidiary, affiliate, or branch) for you to qualify as an EB-1C Multinational Manager or Executive.

I am now a manager in the U.S. But, I was not a manager for my company abroad. Can I still qualify for an EB-1C?

No. You must have been a manager or executive for the company abroad for at least 1 year and  be offered a permanent, manager or executive role with the same company in the U.S. to be eligible for EB-1C. If you were not also a manager or executive for your company abroad, then you do not qualify for the EB-1C.

Who typically qualifies for EB-1C?

Many different types of managers and executives may qualify for the EB-1C! For example,  a Program Manager who had worked for a company in Spain for 2 years, and is now working for the same company as a Senior Project Manager in the U.S. may qualify for an EB-1C.

I am already on L-1A “Intracompany Transferee Executive or Manager”. Does this mean that my EB-1C will be approved?

Not necessarily. The L-1A allows you to temporarily work in the U.S. The standard for the EB-1C is higher than the L-1A, because the EB-1C puts you on the path to a green card. Having an L-1A approval does not guarantee that the EB-1C will be approved.

Legalpad can help you prepare a compelling EB-1C filing!

I am not in L-1A status. Am I still eligible for EB-1C?

Yes! You do not need to be in L-1A status to file the EB-1C, as long as you meet all EB-1C requirements.

Do I have to be in the U.S. to file the EB-1C?

No. You do not need to be in the U.S. to file the EB-1C. The EB-1C can be filed while you are living abroad.

Can I file the EB-1C with premium processing?

No. EB-1C petitions are not eligible for premium processing. It can take 6-8 months to receive a decision from USCIS, and longer if a Request For Evidence is issued.

What is included in the EB-1C petition?

The EB-1C petition will include:

  • Filing fee
  • Form G-28
  • Form I-140
  • The EB-1C support letter that provides a summary of your managerial/executive roles
  • Passport biographic page, and status documents if you are currently in the U.S.
  • Evidence of how you qualify for the EB-1C. For example, organizational charts documenting that you are a manager.
  • Information about the U.S. employer

Can I file the EB-1C and I-485 together?

If your priority date is current, then you have the option to file the EB-1C by itself or file the EB-1C and the I-485 (the “green card” application) together.

If your priority date is not current, then you must file your EB-1C by itself. Once your priority date becomes current in the future, you can then file the I-485.

I already have an I-140 approval. If I file the EB-1C, can I keep my original priority date?

Yes! If you already have an I-140 approval, you will be able to keep your priority date in the EB-1C filing. You will not lose your place in line.

I am in the U.S. Can I travel after the EB-1C is filed, or after the EB-1C is approved?

Yes. If you have valid status, you can travel internationally and re-enter the U.S. after the EB-1C is filed, and even after the EB-1C is approved. Having the EB-1C approval will not impact your ability to travel internationally. For example, you can travel internationally and re-enter the U.S. in O-1 status after EB-1C approval.

However, unless you are in H or L status, there will be travel restrictions at the I-485 stage (the actual “green card” application).

Would my dependents need a separate EB-1C approval?

No. Your dependents will not have a separate EB-1C approval. If the priority date is current, your spouse and children under 21 years of age can apply for the I-485 using your EB-1C approval notice.

About the author:

Allison Davy

Vice President Marketing, Legalpad

Allison helps startup founders from around the world navigate the complex U.S. immigration system so they can pursue their goals and purpose.