Find The Right Experts To Help You With Your EB-1C Petition
The EB-1C visa can be a great option for exceptional managers and executives to transfer from a foreign company to a related U.S. company on a permanent basis. With a EB-1C visa, an eligible foreign worker is able to obtain a green card for themselves, their spouse, and their unmarried children under 21 years old.
There is no provision for self-petition under this classification; the petition can only be filed by a prospective U.S. employer. This makes the prospective U.S. employer the EB-1C Petitioner, and the intracompany manager or executive for whom the petition is being filed the EB-1C Beneficiary.
This employment-based first preference visa is often times associated with the L1-A Visa due to their shared nature of allowing eligible multinational managers and executives to their employment in the United States, as well as the similarity in requirements. Most L-1 Visa recipients eventually become eligible to apply for the EB-1C Visa, making it a natural next step for many.
However, it is important to avoid falling into the trap of thinking that the EB-1C Visa is automatic for an L1-A visa holder. In many cases, a foreign worker who has been granted L-1A classification will get denied an EB-1C petition. The reason relates to the fact that unlike L1-A petitions, EB-1C petitions are immigrant-based. Thus, it is subject to greater scrutiny by USCIS.
Discover the answers to some of the most common questions surrounding EB-1C petitions below.
Do I Qualify For An EB-1C Visa?
There are a number of requirements that must be fulfilled by the Petitioner as well as the Beneficiary for a successful EB-1C petition. Some of the important prerequisites for an EB-1C visa application that must be established by the U.S. petitioning company are listed below:
- A qualifying relationship exists between the petitioning company and a foreign company.
- The petitioning company has been doing business in the United States and in at least one other country directly or through a qualifying organization, for the past one year.
The Petitioner must also prove that the Beneficiary satisfies certain conditions in order to establish his/her eligibility under this classification. The EB-1C petition must be accompanied with documentary evidence showing that:
- The Beneficiary was employed at a foreign qualifying entity for at least 1 year in the 3 years preceding the petition or, the most recent lawful nonimmigrant admission if he/she is already working with the US petitioning employer.
- The Beneficiary was employed in an executive or managerial capacity at the qualifying foreign entity, and will be employed in an executive or managerial capacity in the petitioning company.
Why Opt For An EB-1C Visa?
An EB-1C visa allows intracompany transferees in managerial or executive capacities to permanently reside in the United States. This visa classification also offers the following benefits:
- There is no requirement for a PERM labor certification process.
- Spouses and unmarried children can apply for admission to the United States in E-14 or E-15 immigrant status along with the Beneficiary.
- As of summer of 2022, premium processing is available for certain EB-1C petitions. As such, it might be much faster to obtain a green card with this category than any other.
We have a Unique Perspective on EB-1C Visa Applications
When this much time, effort, and money is invested into the relocation of top level employees and growth of the company, it’s always best to have an expert handle your case.
Based out of Chicago, Illinois, with additional offices in Schaumburg, IL, Naperville, IL, and Madison WI, Francis Law Center is committed to optimizing the immigration path for foreign professionals from all over the world and their U.S. employers. Our clients include people coming to the United States from India, Pakistan, China, Canada, Latin America, the Middle East, Asia, Europe, Africa, and elsewhere.
Francis Law Center focuses on practicing immigration law. In fact, it is the only kind of law we practice. Attorney Jae Francis Lee brings experience as a professional, previously working as a professor for 22 years at the University of Wisconsin and holds a Ph.D. from New York University. He understands the importance of in-depth research and meticulous documentation required for a successful EB-1C Visa petition. As a result, we can help you understand your options when it comes to qualifying and filling an EB-1C petition.
Schedule an Initial Consultation: Call us at 866-868-1596. You can also reach us online. We look forward to hearing from you.
