Frequently Asked Questions of EB-1C (Multinational Managers or Executives)
EB-1C Overview; Legal Fees of EB-1C; Processing of EB-1C; EB-1C FAQs
What is EB-1C Multinational managers or executives?
The third group in priority workers is for multinational managers or executives who have been employed abroad by the same corporation. This category uses the most visas from the annual allotment. To qualify as a multinational manager or executive under this preference, the applicant, during the three years preceding the application, must have been employed for a minimum of one year by the same multinational firm or other business entity (parent, subsidiary, affiliate, or branch of the U.S. business) that employs the applicant in the U.S. In addition, the petitioner must seek to continue providing services to the same employer in a managerial or executive scope.
Who qualifies as a multinational manager or executive?
To qualify as a multinational manager or executive under this preference, the applicant, during the three years preceding the application, must have been employed for a minimum of one year by the same multinational firm or other business entity (parent, subsidiary, affiliate, or branch of the U.S. business) that employs the applicant in the U.S. In addition, the petitioner must seek to continue providing services to the same employer in a managerial or executive scope.
Who can file an application for EB-1C?
Under USCIS rules, the U.S. employer has to file the application for the executive or manager transferee. An application for an international manager or executive must be supplemented by a letter from an approved officer of the sponsoring U.S. employer that lists the time the U.S. company does business in the U.S., the relationship between the overseas and U.S. companies, and the period of time the foreign manager/executive worked for the overseas company.
What form does an EB-1C application file?
All applications of EB-1 need to file Form I-140.
Is a labor certification required before filing the I-140?
Labor certification is not required before filing the I-140 for all groups of EB-1.
Is a job offer required for EB-1C?
A job offer is required for EB-1C applications.
What are the major advantages of applying for EB-1C: Multinational managers or executives?
Labor certification is not required.
All visas remain current so it much quicker to get a green card in the EB-1C category.
What evidence is required to submit along with an EB-1C petition?
An application for an international manager or executive must be supplemented by a letter from an approved officer of the sponsoring U.S. employer which shows that:
If the non-resident manager/executive is external to the U.S., during the three years prior to the filing of the application, the non-resident manager/executive has been working external to the U.S. for a minimum of one year in an executive or managerial role by a corporation or firm, other official unit, or by an associate or division of such a company or business or other official unit; or
If the non-resident manager/executive is in the U.S. employed by the same company or a unit or associate of the corporation or firm, or other official unit for which the non-resident worked overseas, in the three years prior to entering as a non-resident, the non-resident manager/executive worked for the company abroad for a minimum of one year in a managerial or executive role;
The potential employer in the U.S. is the same company or a unit or associate of the firm or corporation or other official unit for which the non-resident manager/executive worked overseas; and
The prospective U.S. employer has been in operation for a minimum of one year.
What evidence is appropriate to submit in support of an EB-1C case?
The following evidence is appropriate for submission to prove executive and managerial capacity:
Description of the non-resident beneficiary’s supervisory capacity: Even though he/she has supervisory duties, a first-line supervisor is not thought to be working in a managerial role unless the workers supervised are professional. The definition of a “first-line” supervisor is a concern of business organization to be determined in each instance, unless the management employs workers with bachelor’s degrees or higher. Therefore, the applicant should provide evidence of the business entity and an explanation of the non-resident beneficiary’s supervisory abilities.
Description of staffing levels and company development: If staffing levels are used as an aspect of deciding if a person is working in a managerial or executive role, the practical demands of the function, component, or organization, because of the total goal and phase of growth of the function, component, or organization, should be considered. A person will not be thought of as working in a managerial or executive role merely because of the number of staff that the person supervises or has supervised, or directs or has directed.
Evidence of a job offer: Labor certification is not required for this classification; however, the potential company in the U.S. must provide an offer of employment statement which states that the non-resident manager/executive is to work in the U.S. in a managerial or executive role. This statement must clearly define the responsibilities to be executed by the non-resident manager/executive.
What are the requirements of the petitioning company?
USCIS rules require that the prospective employer in the U.S. be the same employer (or a subsidiary or affiliate of the firm or corporation) or other legal entity which employed the non-resident manager/executive abroad. There is no specific requirement for the size of the petitioning company or its gross business volume. But USCIS regulations require that the employer be conducting business in two or more countries, one of which is the U.S., either directly or through affiliates or subsidiaries. In addition, the company must have been in business in the U.S. for a minimum of one year prior to filing the immigrant visa petition.
What is “affiliate” for the purpose of an EB-1C petition?
The USCIS guidelines include the definition of affiliate in order to determine whether an employer is qualified to use the first preference. Affiliate means:
One of two units, which are both held and maintained by the parent or individual;
One of two official units held and maintained by a set of individuals, each individual holding and maintaining nearly the same portion or part of each unit; or
Global accounting companies.
What is “subsidiary” for the purpose of an EB-1C petition?
Subsidiary means a business, company, or other official unit which a parent owns, directly or indirectly;
More than 50% of the unit and controls the unit;
50% of a fifty-fifty shared undertaking and has equal rule and veto power over the unit; or
Less than 50% of the unit, but rules the unit.
Can a foreign company satisfy the one-year doing business requirement in the U.S. by acquiring a U.S. company?
There is not currently a requirement that a qualifying relationship exist between the U.S. and a foreign entity for a period of one year prior to filing an EB-1C petition. The regulations do require that the U.S. entity must have been doing business for at least one year. As a result, a U.S. entity that has been acquired by a foreign corporation may immediately file a first preference petition on behalf of a manager or executive who worked for the foreign entity in a qualifying capacity for the requisite period of time.
Who qualifies as a manager for the purpose of an EB-1C petition?
In order to qualify as a manager, the applicant must fulfill several requirements. Usually, first-line supervisors are excluded from the statutory definition of a manager unless the employees being supervised are professionals. Staffing levels are to be considered in relation to the reasonable needs of the business and its stage of development.
The law defines a manager as someone who:
Manages a function, department, subdivision, or corporation, department, subdivision, or function
Supervises and controls the work of other managerial, supervisory, or professional employees, or manages essential functions
Has the authority to make personal decisions as to hiring and termination, or functions at a senior level, or
Exercises discretion over the day-to-day operations of the activity or function for which he or she has authority.
Who qualifies as a manager for the purpose of an EB-1C petition?
An applicant is qualified as an executive if he/she fulfills the following requirements:
The person must manage a function, major component, or organization;
The person has the authority to establish policies and goals;
The person has wide scope and discretionary decision making authority; or
The person receives only general supervision from stockholders, board of directors, or higher executives.
The definition also includes executives who perform tasks necessary to produce the product, or actually provide the service offered by the organization if the executive is also a professional, such as an engineer or architect.
Can I aggregate the time I work for the foreign company to satisfy the one out of three year working requirement?
Regarding the length of employment abroad, the USCIS permits the non-resident to have worked for one year out of the preceding three years for the employer abroad, and the regulations do not exclude the possibility of combining employment time during the preceding three-year period in order to attain the one-year requirement. If the non-resident manager/executive is in the U.S. employed by the same company or a unit or associate of the corporation or firm, or other official unit for which the non-resident worked overseas, in the three years prior to entering as a non-resident, the non-resident manager/executive worked for the company abroad for a minimum of one year in a managerial or executive role.
How difficult is it to have EB-1C petition approved?
The applicant must prove EB-1C cases by providing significant evidence for the conditions the non-resident researcher/professor is attempting to fulfill. If the non-resident researcher/professor is qualified, the success of the case will depend on how the case is prepared. If the proof is accurate and organized, and the argument is persuasive, then the outcome of the case should be approval.
What eligibility criteria should be identified in the case of an EB-1C Multinational Manager or Executive application on Form I-140?
The I-140 application for EB-1C multinational manager or executive should include the following evidence:
Provide a cover letter and evidence that defines the name of the foreign employer, the years of employment, the position offered in the U.S., and the position held abroad as well as the date the beneficiary transferred to the U.S. Also define the relationship between the U.S. applicant and the foreign employer, i.e. joint venture, affiliates, subsidiary, etc.
Provide proof that the U.S. employer has been in business for a minimum of one year prior to filing the application.
What Is the Filing Fee for the I-140?
The filing fee for Form I-140 is $580.
How about the family of foreign beneficiary? Are they also beneficiaries of my I-140 petition?
The unmarried children under 21 and the spouse of the non-resident are indirect beneficiaries if the I-140 gets approved.
Can a petition of EB-1C and other categories be filed simultaneously?
The answer is yes. There must be a separate Form I-140 with the supporting documentation and filing fee for each category of visa requested. You cannot check multiple visa categories on one Form I-140.
How can a petition be filed?
A Form I-140 can be filed by mail or electronically, but supporting documents must be sent to a service center. When e-filing Form I-140, it is automatically sent to the correct Service Center, and you are sent a receipt showing the service center location. It is important to look at your receipt and make note of the location. Submission of supporting evidence and all other communication must be sent to the location shown on your e-filing receipt.
Does priority date matter in an EB-1C case?
The answer is no, since all EB-1A visas are current.
Can a petition be withdrawn?
The answer is yes, the applicant or Form G-28 representative can send a letter directly to USCIS requesting withdrawal of the I-140 petition.
How can a petitioner request the withdrawal of a Form I-140 petition?
The applicant or the Form G-28 representative can send a letter to USCIS requesting to withdraw the I-140 petition. Withdrawal requests should include:
A statement indicating that the Form I-140 applicant wishes to withdraw the application;
The Form I-140 application receipt number;
The name, address and phone number of the applicant;
The name of the non-resident;
The non-resident registration number of the beneficiary, if known;
The applicant’s signature or the Form G-28 representative’s signature.
If an EB-1C petition gets rejected, how long does it take to file under EB-1C or other categories again?
There are no restrictions regarding when you can file a new EB-1C petition after being rejected on a previous filing. A rejected application does not keep you from submitting another application, regardless of classification. Although you can submit another petition at any time, we do not advise that you reapply unless your circumstances have changed in a way that will increase your chances for approval.
How should evidence accompanied the petition be organized?
Follow these tips for organizing the evidence:
Provide all required evidence and documentation with the application when filed. Form I-140 applications can be denied by USCIS without issuance of a Request for Evidence (RFE) in some cases where the required documentation was not submitted with the application.
If you are providing photocopies of evidence, make sure to include clear legible copies.
Any foreign language evidence must be submitted with a corresponding English translation that must be certified by a competent translator who should certify in writing that “the translation is true and accurate to the best of the translator’s abilities.” The English translation should be stapled to the foreign language document.
If providing the non-resident beneficiary’s citations or publications, the applicant’s name should be highlighted in the relevant articles and publications. The applicant is not required to send a full copy of a thesis, research paper, or dissertation either written by the non-resident beneficiary, or one in which the non-resident beneficiary’s work has been cited. Include the title page and the section(s) that cite the non-resident’s work and the “works cited” or bibliography.
Place tabs and labels at the bottom of the first page of each exhibit submitted, and provide a list of the exhibits and the eligibility standards that each exhibit is submitted to prove for applications supported by a significant amount of evidence. An exhibit that is being provided to meet multiple eligibility standards should be identified as such in the exhibit list.
May the foreign employee change employers while an I-140 petition is pending?
The answer is no. If the non-resident changes employers while an I-140 is pending, a new I-140 must be filed.
What is the legal fee of EB-1C cases for your firm?
The total fee for EB-1C legal services is $5,000. $2,400 is due upon signing the contract, and $2,600 is due when the case is approved.
Frequently Asked Questions of EB-1C (Multinational Managers or Executives)