EB-1C FAQ：

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1. What is the EB-1C visa?

The EB-1C visa is an employment-based immigrant visa category for multinational managers or executives. It allows qualified individuals who have been employed outside the U.S. in a managerial or executive capacity for at least one year within the three years preceding the petition to apply for permanent residency in the United States.

 

2. Who qualifies for the EB-1C visa?

To qualify for the EB-1C visa, the applicant must have worked in a managerial or executive capacity for at least one year within the three years prior to filing the petition. This employment must have been with a qualifying overseas affiliate, parent, subsidiary, or branch of a U.S. employer. Additionally, the U.S. employer must have been actively conducting business for at least one year.

 

3. What are the benefits of the EB-1C visa?

The EB-1C visa offers several benefits, including:

• No labor certification requirement, making the process faster than many other employment-based green card categories.

• A direct pathway to U.S. permanent residency for qualified multinational managers and executives.

• Eligibility for premium processing, which can expedite decision-making.

• Family members (spouse and unmarried children under 21) can obtain derivative visas to accompany the primary applicant to the U.S.

 

4. What evidence is required to support an EB-1C petition?

A successful EB-1C petition typically requires the following evidence:

• Proof of the qualifying relationship between the U.S. and foreign employer.

• A detailed job description demonstrating the applicant’s managerial or executive responsibilities.

• Employment contracts or appointment letters verifying the position.

• Organizational charts showing the applicant’s role in the corporate hierarchy.

• Evidence that the U.S. employer has been actively conducting business for at least one year.

 

5. How long does it take to process an EB-1C petition?

Processing times for an EB-1C petition vary, but they typically take several months. While premium processing is available, which expedites processing to 15 calendar days, approval times ultimately depend on the case’s complexity and USCIS workload.

 

6. Can family members of EB-1C visa holders also obtain visas?

Yes, the spouse and unmarried children under 21 of EB-1C applicants can apply for derivative visas.

• Spouses may qualify for an E-14 visa.

• Children may qualify for an E-15 visa.

• They will also be eligible to apply for green cards along with the principal applicant.

 

7. What are the main differences between the EB-1C and L-1A visas?

The EB-1C and L-1A visas are both for multinational managers and executives, but there are key differences. The L-1A is a non-immigrant visa allowing temporary work in the U.S., while the EB-1C is an immigrant visa leading to permanent residency. The EB-1C has stricter eligibility criteria and evidence requirements compared to the L-1A.​

 

8. What happens if my EB-1C petition is denied?

If your EB-1C petition is denied, you have several options:

• File a motion to reopen or reconsider if you believe USCIS made an error or if you have new evidence.

• Appeal the decision to the Administrative Appeals Office (AAO).

• Refile the petition with stronger supporting evidence.

• Explore alternative immigration options, such as L-1A, EB-2 NIW, or other employment-based categories.

 

9. Can I change employers or job positions after receiving an EB-1C visa?

The EB-1C visa is tied to the sponsoring employer and the specific managerial or executive role for which the visa was granted. Changing employers or job positions before obtaining a green card could jeopardize the application. However, after obtaining permanent residency (green card), you have greater flexibility to change jobs or employers.

 

10. How does the EB-1C visa impact my path to U.S. permanent residency?

The EB-1C visa directly leads to U.S. permanent residency. Once your EB-1C petition is approved, you can:

• Apply for Adjustment of Status (Form I-485) if you are already in the U.S.

• Apply for an immigrant visa through consular processing if you are outside the U.S.
  Once the green card is approved, you become a lawful permanent resident of the United States.