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The EB-1C visa is an immigrant visa that allows managerial or executive workers who work for a United States firm or corporation outside of the United States to permanently come to the United States to continue work for the same employer, an affiliate, or a subsidiary of the employer.
Who qualifies for the EB-1C visa?
In order to qualify for an EB-1C visa, both the visa applicant and their employer must meet certain criteria.
EB-1C Applicant Eligibility Requirements
To qualify for the EB-1C visa, an applicant must show evidence of his or her managerial or executive capacity. A qualifying manager or executive must have worked for a firm or corporation outside the United States for at least one year during the three years before submitting his or her application. An EB-1C applicant must desire to enter the United States in order to continue working for that same firm or corporation, an affiliate, or a subsidiary of the employer.
EB-1C Employer Eligibility Requirements
The employer who the EB-1C applicant works for must also be a United States employer and the employer must also have been doing business for at least one year as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the applicant abroad.
What is the process for obtaining an EB-1C visa?
The application process for the EB-1C visa is fairly straightforward. Generally, the application process is led by the applicant’s employer. The steps below outline the application process:
Step One: U.S. Employer Files Form I-140 with the USCIS
The prospective U.S. employer for the EB-1C applicant must complete and sign Form I-140, Immigrant Petition for Alien Workers according to the form’s instructions. The form is submitted with the United States Citizenship and Immigration Services (USCIS). After completing and signing the form, it must be submitted with the applicable filing fee and documentary evidence showing the applicant meets the qualifications for the EB-1C visa.
Evidence to be Submitted with Form I-140
When submitting Form I-140, evidence must be provided that proves the employer of the EB-1C applicant has the continuing ability to pay the offered wage at the time the EB-1C applicant reaches their priority date to apply for legal permanent resident status. The employer can demonstrate their ability to continually pay the EB-1C applicant by submitting a federal income tax return, an annual report, or an audited financial statement.
Additionally, the EB-1C applicant must submit the following documentation evidence with Form I-140 in order to prove their eligibility as an executive or manager:
- The EB-1C applicant’s resume;
- The EB-1C applicant’s college or other degrees, if applicable;
- The company’s employer identification number;
- Financial documents that prove the employer’s ability to pay the EB-1C applicant after the priority date is reached;
- Documentation showing the employment offer from the employer to the EB-1C visa applicant, including a description of the duties required of the managerial or executive position;
- Documentation that describes the EB-1C visa applicant’s capabilities and duties as an executive or manager;
- If the EB-1C applicant is a supervisor, and not a manager or executive, evidence of the applicant’s bachelor’s education or higher must be submitted, along with any other evidence, to show that the applicant has managerial and/or executive capabilities;
- Documentation describing the company, and the positions at the company, including a hierarchical chart and a detailed description of the positions that are supervised under the managerial or executive position.
Step Two: Applicant Files Online Form DS-260 and DS-261
EB-1C applicants who are outside of the United States at the time they apply must also submit the online Form DS-260 and DS-261 application and pay the associated fee.
Step Three: Applicant Schedules Visa Interview
After submitting Form DS-260, EB-1C applicants must then schedule an interview with the U.S. Embassy or Consulate near them. At their interview, EB-1C applicants will be required to have their biometrics taken and will be asked questions about their background, experience, and interest in coming to the United States permanently. Applicants must bring the following items to their interview:
- Copy of printed Form DS-260;
- Copy of Form I-140;
- A valid passport;
- A photo conforming to the United States Department of State’s photo requirements;
- Evidentiary documents proving the applicant’s qualifications;
- The applicant’s CV or resume;
- An affidavit of support from the applicant’s employer
Step Four: Applicant Files Form I-485 with the USCIS
After Form I-140 is approved, the EB-1C applicant must wait until his or her priority date is current in order to apply for legal permanent resident status. Once the priority date is current, the applicant must file Form I-485, Application to Register Permanent Resident or Adjust Status with the USCIS. Once Form I-485 is approved by the USCIS, the applicant will officially be a lawful permanent resident in the United States.
Applicants Already Inside the United States
EB-1C visa applicants who are already in the United States at the time they apply must file Form I-485 to change their visa status along with Form I-140.
Premium process is available for EB-1C visa applicants. Opting to use premium processing will expedite the process by which the visa application is reviewed and approved for an additional fee.
What are the advantages of the EB-1C visa?
There are several advantages of applying for and receiving an EB-1C visa. For example, the EB-1C visa does not require applicants to receive a labor certification from the U.S. Department of Labor, which saves time and expedites the application process. The process is also generally quicker for EB-C visa applicants because visa numbers are usually current for the EB-1 category, which reduces the wait time for applicants before they can apply for adjustment of status to lawful permanent resident (green card status) by filing Form I-485.
What are the limitations of the EB-1C visa?
The EB-1C visa is limited in a few important ways. For example, the EB-1C visa is only available to managers or executives who have a leadership role in the company or who are supervisors with the capability of fulfilling a managerial or executive role. The company must be intending to employ the EB-1C visa applicant as a manager or executive when they are in the U.S.
How much does it cost to get an EB-1C visa?
- The Form I-140 filing fee is $700.
- The Form I-485 filing fee is $750-$1,450, dependent on the applicant’s age.
- The biometrics fee for overseas applicants is $85.
- The Form DS-260 filing fee for overseas applicants is $445.
- The affidavit of support for overseas applicants is $88.
- The premium processing fee is $1,440.
Family of EB-1C visa holders
The spouse or unmarried children under 21 years of age may accompany the EB-1C visa holder in the United States. The family member(s) must apply to accompany the visa holder in the United States at the same time or after the EB-1C visa holder applies.
For how long is the EB-1C visa valid?
Once Form I-485 is approved by the USCIS, EB-1C visa holders will be issued a green card that is valid for 10 years. After the 10 year validity period, the green card may be renewed for another 10 years. Alternatively, the EB-1C visa holder may pursue citizenship, which will remove the need to renew legal permanent resident status (green card) every 10 years.