EB-1C Visa

What is the EB-1C visa?

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 Processing

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.

Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.