EB-1C Green Card: Immigration Attorney NYC

What is the EB-1C Green Card?

The EB-1C green card is a first-preference employment-based immigrant visa designed for multinational executives and managers. This category allows qualified foreign nationals to obtain U.S. permanent residency if they have been employed in a managerial or executive capacity by a foreign company and are being transferred to a related U.S. entity.

Unlike other employment-based green cards, the EB-1C is specifically tailored for high-level professionals who have demonstrated leadership and management skills at an international level. The EB-1C is often the best pathway for L-1A visa holders seeking to transition to permanent residency.

Who Qualifies for the EB-1C Visa?

To qualify for the EB-1C green card, both the foreign national and the sponsoring employer must meet strict requirements:

• Foreign National: Must have been employed outside the U.S. for at least one year in the three years preceding the petition, in a managerial or executive role, by a qualifying organization.
• U.S. Employer: Must have a qualifying relationship (parent, subsidiary, affiliate, or branch) with the foreign employer and must have been doing business in the U.S. for at least one year.
• Position in the U.S.: The job offered in the U.S. must be in a managerial or executive capacity.

Self-petition is not allowed for the EB-1C. The U.S. employer must file the petition on behalf of the beneficiary.

EB-1C vs. L-1A Visa: Key Differences

• L-1A Visa: Nonimmigrant, temporary work visa for intracompany transferees. Maximum stay is seven years. Dual intent is allowed.
• EB-1C Green Card: Immigrant visa (permanent residency). No time limit on stay. Provides a direct path to U.S. citizenship.

Many executives and managers on L-1A status later apply for the EB-1C green card. However, the EB-1C has higher evidentiary standards and requires a permanent job offer.

What is a Qualifying Relationship?

The U.S. petitioning company must have a qualifying relationship with the foreign employer. This includes:

• Parent Company: The U.S. entity is owned by the foreign company.
• Subsidiary: The U.S. entity is owned by the same parent as the foreign company.
• Affiliate: Both entities are owned and controlled by the same group of individuals or companies.
• Branch: The U.S. office is a direct extension of the foreign company.

This relationship must exist at the time of filing and throughout the process.

Managerial vs. Executive Capacity: What Do They Mean?

Managerial Capacity

• Manages the organization, department, or a key function.
• Supervises and controls the work of other managers, professionals, or key employees.
• Has authority to hire, fire, or recommend personnel actions.
• Exercises discretion over day-to-day operations.

Executive Capacity

• Directs the management of the organization or a major component.
• Establishes goals and policies.
• Exercises wide latitude in decision-making.
• Receives only general supervision from higher-level executives or the board.

USCIS scrutinizes the job duties and organizational structure to ensure the role is truly managerial or executive, not just a title.

EB-1C Petition Documentation Checklist

Building a successful EB-1C petition requires comprehensive documentation. Typical evidence includes:

• Detailed statement from the U.S. employer about the offered position and prior employment abroad.
• Official job offer letter outlining duties and capacity (managerial/executive).
• Organizational charts showing the beneficiary’s position and direct reports.
• Proof of the qualifying relationshi