E-2 Treaty Investor Visa – Everything You Need to Know
Getting an EB-1 green card while on H-1B status may look straightforward, but the process involves careful preparation by both you and your employer. At Green Card Link, its immigration attorneys help professionals avoid common mistakes, ensure eligibility, and guide them from H-1B status to an EB-1C green card.
Understanding the EB-1 Visa Category
The EB-1 visa is among the most prestigious and competitive green card categories, designed for top professionals in their fields. Unlike other employment-based categories, it provides faster processing times and fewer obstacles for qualified applicants.
On September 12, 2023, USCIS updated its policy manual, offering clearer guidance on the types of evidence that can satisfy EB-1 requirements and how officers evaluate petitions based on the totality of the evidence. This policy update is critical for applicants pursuing EB-1 approval.
The EB-1 classification includes three subcategories:
- EB-1A: For individuals with extraordinary ability and achievement.
- EB-1B: For outstanding professors and researchers.
- EB-1C: For multinational managers and executives.
Because this guide focuses on H-1B workers seeking EB-1C, we’ll concentrate on the requirements for multinational managers and executives.
EB-1C Eligibility for Managers on H-1B
To qualify for an EB-1C green card, you must meet very specific requirements set by USCIS:
- Employer Requirement – The petitioner must be a U.S. employer that has been doing business through a foreign entity for at least one continuous year.
- Work History Requirement – You must have worked for this employer abroad for at least one full year during the three years before your petition.
- Role Requirement – You must be entering the U.S. to serve as a manager or executive for that same employer.
Defining Managerial and Executive Capacity
- Functional Manager: Oversees a department or specific function within the company, has hiring and firing authority, controls wages, and directs employee activities.
- Executive: Has the power to make high-level strategic decisions with minimal supervision and typically manages a team of managers.
It’s important to note that not every position titled “manager” or “executive” qualifies under these standards. To avoid costly mistakes, consult immigration attorneys at Green Card Link to confirm that your role meets USCIS requirements.
Transitioning from H-1B to EB-1C
If you are on H-1B and recently received a promotion, you may wonder if you can directly apply for EB-1C. Unfortunately, there is no direct path from H-1B to EB-1C.
Why? Because EB-1C requires one year of work abroad with the sponsoring employer’s foreign office, affiliate, or subsidiary. Many H-1B holders spend most of their careers in the U.S. without completing this requirement.
- If you have not worked abroad: You will likely need to transfer to your employer’s foreign branch for at least one year in a managerial or executive role.
- If you meet this requirement: You can begin the EB-1C process, but it starts from the beginning with your employer filing an I-140 petition.
This is why L-1A visa holders often have an advantage, since their visa conditions align more closely with EB-1C requirements.
EB-1C Process for H-1B Workers
Here’s the step-by-step process:
- Employer Petition: Your U.S. employer must file Form I-140, Immigrant Petition for Alien Worker, on your behalf. Unlike EB-1A, EB-5, or EB-2 NIW, the EB-1C requires a job offer and employer sponsorship.
- Priority Date: The date USCIS receives your I-140 becomes your priority date. This determines your place in the visa queue.
- Visa Bulletin: Most EB-1 categories are current, meaning little to no backlog. However, it’s critical to monitor the Department of State’s monthly Visa Bulletin for updates. At Green Card Link, its immigration attorneys regularly publish Visa Bulletin updates, helping clients track date movements and anticipate filing windows.
- Adjustment of Status or Consular Processing:
- If you are in the U.S. on H-1B, once your priority date is current, you may file Form I-485 to adjust status.
- If you are abroad, you will go through consular processing to secure your EB-1C green card.
- If you are in the U.S. on H-1B, once your priority date is current, you may file Form I-485 to adjust status.
How Priority Dates Work
Your priority date is crucial. It’s the date USCIS accepts your I-140 petition. The Visa Bulletin then determines when you can proceed based on country of origin and green card category.
- For many countries in EB-1C, there is no backlog, allowing for faster processing.
- For high-demand countries, backlogs may occur, resulting in longer wait times.
Monitoring priority dates ensures you don’t miss the opportunity to move forward when a visa number becomes available.
Final Thoughts
Securing an EB-1C green card as a manager on H-1B is a valuable pathway, but it comes with unique hurdles—especially the requirement of one year abroad with your employer. With the guidance of immigration attorneys at Green Card Link, you can determine your eligibility, avoid pitfalls, and pursue the EB-1C successfully.
If you were selected in the 2024–25 H-1B visa lottery or are considering a transition to permanent residency, contact Green Card Link today for a consultation.
EB-1C Green Card for H-1B Managers: Processing Times, Costs, and Alternatives
How Long Does It Take to Get an EB-1C as a Manager on H-1B?
The processing time for an EB-1C green card varies depending on several important factors. One of the biggest considerations is your country of origin. For applicants from most countries, except for China and India, the priority date becomes current as soon as the I-140 petition is approved.
On average, the I-140 petition takes about six months to process, although this timeline depends on the workload of the USCIS service center handling your case. Checking the most recent USCIS service center processing times is essential for accurate expectations.
Another factor is whether you pursue adjustment of status or consular processing:
- Adjustment of Status (AOS): If you are already in the U.S. on a valid nonimmigrant visa, you may file Form I-485. On average, processing can take around six months, though this depends on the caseload at the service center. Adjustment of status is only available to those physically present in the U.S. in valid nonimmigrant status.
- Consular Processing: If you are abroad when your priority date becomes current, you must complete your process through a U.S. consulate or embassy. This involves attending an interview with a consular officer to verify your eligibility. In some cases, consular processing may be faster than adjustment of status.
The best path for your situation depends on your circumstances, so it is strongly recommended to consult with an immigration attorney at Green Card Link to determine the most strategic approach.
Can EB-1C Applicants Use Premium Processing?
Unfortunately, EB-1C petitions are not eligible for premium processing. Unlike other employment-based categories, USCIS does not allow EB-1C petitioners to expedite the I-140 decision to 15 calendar days.
How Much Does an EB-1C Green Card Cost?
The cost of pursuing an EB-1C green card for managers on H-1B will depend on whether you choose adjustment of status or consular processing. Below is a fee breakdown:
Adjustment of Status
- I-140 filing fee: $700
- I-485 filing fee: $750–$1,140 (depends on applicant’s age; see USCIS chart)
- Biometrics fee (if applicable): $85
Consular Processing
- I-140 filing fee: $700
- DS-260 immigrant visa application fee: $230
- Biometrics fee (if applicable): $85
- Affidavit of Support fee (if required): $88
Other potential expenses include travel costs for consular interviews and immigration attorney fees. At Green Card Link, its immigration attorneys can guide you through these costs to avoid unnecessary delays or mistakes.
Alternatives to EB-1C for H-1B Managers
If the EB-1C route proves challenging, other green card categories may be available:
- EB-2: For professionals with an advanced degree or individuals with exceptional ability in their field.
- B-3: For skilled workers or professionals with full-time U.S. job offers. However, EB-3 wait times can be significantly longer.
The right category depends on your qualifications, employment situation, and long-term immigration goals. Immigration attorneys at Green Card Link can evaluate which path best suits your case.
H-1B to EB-1C: Frequently Asked Questions
Documents for a Newly Established E-2 Business
Applicants must show sustained national or international acclaim, demonstrate that they will continue their work in the U.S., and prove that their presence benefits the country.
Is labor certification required for EB-1 I-140 petitions?
No. Labor certification is not required for EB-1 petitions. For EB-1C specifically, a valid job offer in an executive or managerial role is required.
What requirements must the U.S. employer meet?
The employer must be the same company—or a subsidiary/affiliate—of the foreign company employing you overseas. USCIS requires the organization to conduct business in at least two countries, one being the U.S.
How does USCIS define “subsidiary” and “affiliate”?
- Subsidiary: Parent company owns more than 50%, has joint-venture veto control at 50%, or retains control with less than 50% ownership.
- Affiliate: Companies controlled by the same parent or group of individuals with equal ownership shares, or international accounting firms.
Is I-140 required for EB-1?
Yes, the employer must file Form I-140 with USCIS.
Can you apply for H-1B and a green card at the same time?
Yes. Your employer can file both petitions simultaneously. However, if you obtain a green card approval first (e.g., through marriage), the H-1B petition is no longer necessary. Using an H-1B after receiving a green card could be seen as abandoning permanent residency, so professional guidance is crucial.
Is there a minimum EB-1 salary requirement?
There is no strict minimum salary requirement. However, USCIS requires evidence that you receive a high salary or significant compensation relative to others in your field. Documents such as tax returns, pay stubs, or accountant letters may be used to demonstrate this.
Why Choose Green Card Link for EB-1C Petitions?
The process of transitioning from H-1B to EB-1C is highly complex and requires meticulous preparation. At Green Card Link, its immigration attorneys have extensive experience guiding H-1B managers through successful EB-1C green card petitions. From preparing strong documentation to anticipating USCIS scrutiny, Green Card Link ensures your case is presented with the highest level of professionalism.