The Multinational Manager or Executive EB-1C visa allows international companies to transfer top-level executives and managers to the U.S. as permanent residents. It is similar to the L-1A temporary visa, but the intent here is for the Manager or Executive to work for the company in the U.S. on a permanent basis. Also, the EB-1C requires that the worker have at least a year’s experience abroad in an executive or managerial capacity. An L-1A is not a prerequisite for obtaining EB-1C permanent resident approval, but it is generally helpful to apply while on an L-1A visa. The category applies to larger companies, but also, to small or start-up companies, provided there is a qualifying international relationship and the U.S. entity has been in business for at least one year.
Caroline Ostrom, Minneapolis business immigration attorney, assists companies worldwide who are seeking U.S. EB-1C visas. We encourage you to contact us if you need legal advice regarding EB-1C eligibility or the application process.
Requirements of the EB-1C Employer
The following requirements must be met by the U.S. employer for a successful petition:
- A qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate;
- Must conduct business as an employer in the United States and in at least one other country directly or through a qualifying organization in the regular, systematic, and continuous provision of goods or services;
- Must have been in existence and doing business in the United States for at least one year.
Requirements of the EB-1C Employee
The EB-1C candidate must meet the following requirements:
- Employed for one year within the past three years by the overseas affiliate, parent, subsidiary or branch of the U.S. employer in a managerial or executive capacity, or if in the U.S., must have been so employed for one year in the three years prior to entry;
- Must work in the United States in a managerial or executive capacity.
Managerial or Executive Capacity
The EB-1C candidate must prove that he or she has worked in a managerial or executive capacity for at least one year for a qualifying foreign entity, and also that he or she will be working in such a capacity for the U.S. Employer.
The managerial requirement is met if the candidate can demonstrate that he or she personally: 1) manages the organization, department, component or function; 2) supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision or the organization; 3) has the authority to hire and fire and make personnel decisions; and 4) exercises direction over day-to-day operations of the activity or function. First-line supervisors are usually not considered managers for EB-1C visa purposes unless the employees they supervise are professionals (hold positions that require bachelor degrees).
In the alternative, the executive capacity requirement is met if the candidate can demonstrate that he or she primarily: 1) directs management of an organization, major component, or function; 2) establishes goals and policies; 3) exercises wide latitude in discretionary decision-making; and 4) receives only general supervision from higher executives, the board of directors, or stockholders.
How Our Minneapolis Immigration Attorney Can Help
The EB-1C category for Multinational Managers and Executives is a good way for qualified employers and individuals to petition for permanent status in the U.S. USCIS scrutinizes this category particularly closely, however, to determine whether the U.S. employer qualifies and whether the EB-1C candidate and the position qualify as a Manager or Executive under the applicable laws, regulations and memoranda. We can evaluate the case, provide guidance on structuring the petition, and assist in assembling the correct supporting documentation to ensure that USCIS understands the nature of the qualifying relationship as well as the position held and offered by the candidate.
Based in Minneapolis, our immigration team works with employees and companies in the Twin Cities and throughout the globe. We welcome you to contact Ostrom Law Office for assistance with your immigration matter.