EB1C Green Card for Foreign Executives and Managers: Process, Requirements, Tracking
With countless international corporations expanding into the United States, many managers, executives, and senior leaders decide to relocate permanently to oversee business operations. The EB-1C green card is a popular option for these individuals, allowing them to live and work in the U.S. without the uncertainty of continually renewing temporary visas. For many professionals, obtaining a green card not only secures long-term residency but also opens the door to U.S. citizenship.
If you are in this position, the EB-1C may be the right choice. However, before making a decision, it is highly recommended to consult with the immigration attorneys at Green Card Link. They can help you evaluate your eligibility and guide you through the complex application process to ensure the best outcome for your situation.
What Is the EB-1C Green Card?
The EB-1 green card falls under the first preference employment-based immigration category, designed for highly skilled individuals who demonstrate leadership and specialized expertise. The EB-1C subcategory specifically targets foreign executives and managers of multinational companies who are transferring to a U.S. branch, affiliate, or subsidiary.
On September 12, 2023, USCIS updated its policy manual to clarify the types of evidence that may satisfy EB-1 criteria and how officers evaluate the totality of evidence when reviewing eligibility. This update ensures that applicants and employers have better guidance on preparing strong petitions.
Each year, more than 40,000 visas are reserved for the EB-1 preference category, making it one of the most sought-after options for employment-based immigration.
How to Obtain an EB-1C Green Card
There are two main ways to secure EB-1C status:
- Adjustment of Status (AOS) within the U.S.
- If you are already in the United States under L-1A visa status, your employer can file an EB-1C petition on your behalf.
- You will need a permanent job offer before submitting the I-485 Adjustment of Status application.
- If you are already in the United States under L-1A visa status, your employer can file an EB-1C petition on your behalf.
- Consular Processing Abroad
- If you are outside the United States, you may apply through a U.S. consulate.
- However, this route is generally less favorable, as it requires substantial documentation and often faces higher levels of scrutiny.
- Many applicants choose to transition from L-1A to EB-1C for a smoother process.
- If you are outside the United States, you may apply through a U.S. consulate.
Key Advantage: No PERM Labor Certification
One of the greatest benefits of the EB-1C green card is that it does not require PERM Labor Certification. Most employment-based green cards involve a Department of Labor recruitment process to prove that no qualified U.S. worker is being displaced. This includes determining prevailing wages based on the job location.
By bypassing this requirement, EB-1C applicants save significant time and avoid one of the most challenging hurdles in employment-based immigration.
EB-1C Green Card Requirements
To qualify for an EB-1C green card, both the candidate and the employer must meet specific eligibility criteria.
Candidate Requirements:
- Must have been employed abroad for at least one year within the past three years by a parent company, branch, affiliate, or subsidiary of the U.S. employer.
- Must be coming to the U.S. to work in a managerial or executive capacity with the same employer, its affiliate, or subsidiary.
Employer Requirements:
- Must be actively conducting business in the United States.
- Must have been established and operational in the U.S. for at least one year
The EB-1C Process
The EB-1C application process involves several key steps:
- Permanent Job Offer – The candidate must secure a permanent, full-time employment offer from the U.S. employer.
- Filing Form I-140 – The employer files Form I-140 (Immigrant Petition for Alien Worker). Note: USCIS no longer accepts electronic filing for this form; hard copy submissions are required.
- Priority Date – Once the I-140 is submitted, the priority date is established (the date USCIS receives the petition).
- Adjustment of Status or Consular Processing – After the I-140 is approved and the priority date becomes current, the candidate may file for adjustment of status (if in the U.S.) or consular processing (if abroad).
Understanding Priority Dates
Your priority date is the day USCIS receives your I-140 petition. It determines when you can move forward with the final stages of your green card process.
- Each month, the U.S. Department of State publishes a Visa Bulletin, which lists the “final action dates” for different categories and countries of origin.
- If demand from your country exceeds the annual visa allocation, priority dates may “retrogress” (move backward), extending your waiting time.
- Conversely, if fewer applications are filed, dates may advance more quickly.
For example, if your EB-1C priority date is August 8, 2017, you must wait until the Visa Bulletin shows that the final action date for your country is on or after that date. If the chart shows a “C” (current), you may proceed immediately with your green card application.
Adjustment of Status vs. Consular Processing for the EB-1C Green Card
Once your priority date becomes current and your I-140 petition has been approved, you must decide between two main paths to receive your EB-1C green card: adjustment of status or consular processing.
Adjustment of Status
Adjustment of status is an option only if you are already in the United States under a valid nonimmigrant visa such as H-1B, L-1, or E-2. This process allows you to “adjust” your status from nonimmigrant to immigrant without leaving the U.S. To initiate this step, you must file Form I-485 with the required filing fee to USCIS. Once approved, USCIS will mail your green card—typically within about six months—allowing you to officially become a lawful permanent resident.
Consular Processing
If you are located outside the United States, you must go through consular processing at a U.S. Embassy or Consulate in your home country. If you are already in the U.S. on a nonimmigrant visa, you may choose either adjustment of status or consular processing. The consular route involves scheduling an interview with an immigration officer who will carefully review your eligibility for the EB-1C category.
It is critical to be truthful and consistent during this interview. Even if you feel uncertain about a question, honesty is always the best approach. Misrepresentation or dishonesty can permanently bar you from future immigration benefits. At Green Card Link, its immigration attorneys provide thorough interview preparation and personalized guidance to help you feel confident and maximize your chance of approval.
If your consular interview is successful, you will be granted entry to the United States as an EB-1C immigrant, and your green card will be mailed to you shortly after.
EB-1C vs. L-1A: Key Differences
The EB-1C visa is an immigrant visa that grants permanent residency, while the L-1A visa is a temporary nonimmigrant classification. Although L-1A status is not mandatory for EB-1C eligibility, having prior L-1A status often strengthens your case.
The L-1A classification allows a U.S. employer to transfer an executive or manager from a foreign branch, parent, affiliate, or subsidiary to its U.S. office. It also allows foreign companies to send executives or managers to establish a new office in the U.S.
However, EB-1C approval requires that you worked for the multinational company’s foreign branch for at least one year within the three years preceding your petition. If you have been in the U.S. under L-1A status for an extended period (three to seven years), you may need to return abroad to fulfill this one-year requirement before filing under EB-1C.
EB-1C Processing Times
The EB-1C process can take significant time. USCIS generally reviews petitions in the order received. To avoid delays, work with immigration attorneys at Green Card Link to ensure your petition and evidence are accurate and complete.
- I-140 Petition: On average, the EB-1 I-140 petition takes about six months. Unlike some other employment-based categories, premium processing (15-calendar-day review) is not currently available for EB-1C petitions
- I-485 Adjustment of Status: This step also takes about six months. Altogether, you can expect at least one year of total processing time.
- Priority Dates: EB-1 priority dates are usually current, but for applicants from high-demand countries such as India and China, retrogression is possible. Always monitor the State Department’s monthly visa bulletin.
EB-1C Green Card Abuse Concerns
Critics have noted that EB-1C petitions may be misused by certain outsourcing firms, as the requirements for “executive” or “managerial” roles are less stringent compared to other EB-1 categories that require extraordinary ability or outstanding achievements. This loophole has raised concerns about displacement of U.S. workers, as some transferred employees may accept lower wages.
While no reforms have yet been enacted, proposals to modify EB-1C eligibility or eliminate the category altogether have been introduced in Congress.
Frequently Asked Questions About EB-1C
What are the benefits of the EB-1C green card?
- No labor certification (PERM) required.
- Permanent residency for you, your spouse, and unmarried children under 21.
- Freedom to work, study, and travel without restriction.
What are qualifying corporate relationships?
- Parent/subsidiary, branch, or affiliate relationships. These may include majority ownership, equal ownership in a joint venture, or shared control arrangements.
What types of managers qualify for EB-1C?
- Personnel Managers: Those who supervise staff directly.
- Function Managers: Those who oversee an essential organizational function even without direct reports.
What documents are required for EB-1C?
Some examples include:
- U.S. and foreign company tax returns
- Articles of incorporation
- Signed statements verifying corporate relationships
- Organizational charts
- Business licenses
Tracking Your EB-1C Petition
Unfortunately, USCIS does not offer a direct tracking tool beyond case status updates. However, there are online forums where applicants share timelines, which can give you an idea of how long others’ petitions are taking.
Our Experience with EB-1C Functional Manager Cases
Green Card Link’s immigration attorneys have extensive experience representing EB-1C functional managers. These cases often face greater scrutiny, as USCIS tends to prefer traditional executive or personnel-based managerial roles. To succeed, a functional manager petition must clearly demonstrate oversight of a vital organizational function supported by strong documentary evidence.
How Green Card Link Can Help
The immigration attorneys at Green Card Link have successfully guided managers and executives from around the world through the EB-1C process. From evaluating your eligibility and assembling strong supporting evidence to filing your petition and addressing USCIS Requests for Evidence (RFEs), they provide end-to-end representation. With Green Card Link, you can feel confident that your case is in capable hands.