What is an EB-1C visa?
The EB-1C visa is a type of employment-based immigrant visa in the United States, specifically designed for multinational executives or managers who are being transferred from a foreign company to a related U.S. company. It falls under the Employment-Based First Preference (EB-1) category, which is reserved for priority workers with exceptional abilities, including multinational executives and managers.
To qualify for an EB-1C visa, the applicant must meet certain criteria:
- Multinational Executive or Manager Role: The applicant must have been employed as an executive or manager in a foreign company for at least one out of the three years preceding the application.
- Employer Relationship: The U.S. employer must have a qualifying relationship with the foreign company, such as being its parent, subsidiary, affiliate, or branch.
- Continuity of Employment: The applicant’s role in the U.S. company must be in an executive or managerial capacity. The position should be consistent with their previous role in the foreign company.
- Full-Time Employment: The applicant must be seeking entry to the U.S. to work full-time in a managerial or executive position.
- International Transfer: The applicant’s entry to the U.S. should be to continue their work in a managerial or executive capacity for the U.S. employer.
The EB-1C visa has certain advantages compared to other employment-based visas:
- Priority Date: EB-1 visas are considered “current” for visa availability, which means there is usually no significant wait time for a visa number to become available.
- No Labor Certification: Unlike many other employment-based visas, the EB-1C category does not require the U.S. employer to go through the labor certification process, which can be time-consuming and complex.
- Direct Path to Permanent Residency: Successful EB-1C visa holders can apply for U.S. Permanent Resident status (green card) directly without needing to go through the lengthy process of obtaining a temporary visa first.
It’s important to note that the EB-1C visa application process involves providing substantial evidence of the applicant’s qualifications and the relationship between the foreign and U.S. companies. The process can be complex and requires careful documentation.
If you are considering applying for an EB-1C visa, it’s recommended to consult with an immigration attorney or legal expert who can guide you through the eligibility requirements, documentation, and application process. Immigration laws and policies can change, so it’s essential to get the most up-to-date information before proceeding with your application.
EB-1C Checklist of Required Documents
While the specific documents required for an EB-1C visa application can vary based on individual circumstances and the nature of the employer’s operations, here’s a general checklist of the documents you might need to include in your EB-1C petition:
- Form I-140, Immigrant Petition for Alien Worker:
- Complete and signed Form I-140.
- Supporting Documents:
- Detailed job description and qualifications for the offered position.
- Documentation showing the foreign company’s organizational structure, your position, and the positions you supervised.
- Proof of your qualifying relationship with the foreign company (parent, subsidiary, affiliate, or branch).
- Proof of Multinational Executive or Managerial Role:
- Detailed description of your job duties, responsibilities, and accomplishments in both the foreign and U.S. companies.
- Employment verification letters from previous employers, highlighting your executive or managerial roles.
- Organizational charts showing your position and the positions you managed in the foreign and U.S. companies.
- Proof of Employment:
- Evidence of your employment with the foreign company for at least one out of the three years preceding the application (employment contracts, pay stubs, tax documents, etc.).
- Proof of Continuous Employment:
- Documents demonstrating your continuous employment with the U.S. company in an executive or managerial capacity.
- Proof of Qualifying Relationship:
- Documents showing the ownership and control relationship between the foreign and U.S. companies (ownership certificates, articles of incorporation, financial statements, etc.).
- Proof of U.S. Company’s Operations:
- Documentation demonstrating the U.S. company’s business operations, size, structure, and financial health.
- Business Plans and Projections:
- If applicable, include business plans, marketing strategies, or projections that show the growth and expansion of the U.S. company.
- Letters of Support:
- Recommendation letters from current or previous supervisors, colleagues, or other relevant individuals attesting to your executive or managerial abilities.
- Passport-style photographs of yourself.
- Passport and Visa Copies:
- Copies of your passport, current visa, and I-94 record.
- Application Fees:
- Check or payment receipt for the appropriate filing fees.
- If any of the documents are not in English, include certified translations.
Remember that USCIS is looking for clear and compelling evidence that you meet the requirements for the EB-1C visa category. It’s recommended to organize your documents in a logical and orderly manner, providing comprehensive information that supports your eligibility.
Because immigration laws and procedures can change, and each case is unique, it’s advisable to consult with an experienced immigration attorney to ensure that you have all the necessary documentation and that your application is strong and well-prepared. An attorney can guide you through the process, help you gather the appropriate evidence, and increase your chances of a successful EB-1C visa application.
EB-1C visa cost
The cost for filing an EB-1C visa petition (Form I-140) includes several components. However, please note that USCIS fees can change over time, so I recommend checking the official USCIS website or contacting USCIS directly for the most up-to-date fee information. Here’s a breakdown of the potential costs associated with filing an EB-1C visa petition:
- Form I-140 Filing Fee: The filing fee for Form I-140, Immigrant Petition for Alien Worker, can vary depending on the category and type of employment-based visa. The standard filing fee for the EB-1 category is $700.
- Premium Processing Fee: Premium processing is an optional service that expedites the processing of your petition. The premium processing fee is $2,500. This fee is paid in addition to the standard filing fee and is optional.
- Attorney Fees: If you choose to work with an immigration attorney to prepare and submit your EB-1C visa petition, their fees will vary based on their experience, the complexity of your case, and the services they provide. Attorney fees can vary widely, so it’s recommended to discuss this with potential attorneys before making a decision.
- Translation and Documentation Costs: If any of your supporting documents are not in English, you may need to have them translated by a certified translator. Additionally, there might be costs associated with obtaining official copies of documents, such as birth certificates, marriage certificates, etc.
- Other Miscellaneous Costs: Depending on your situation, there could be additional costs, such as travel expenses for visa interviews (if required), medical examinations, and any other necessary documentation.
Remember that fees and costs can change, so it’s crucial to verify the current fees on the official USCIS website or by contacting USCIS directly before filing your EB-1C visa petition. Additionally, while premium processing can expedite the processing of your petition, it might not necessarily speed up the overall visa application process if further steps, such as consular processing, are required.
Working with an experienced immigration attorney can help you understand the costs involved, ensure that you’re meeting all the requirements, and improve the chances of a successful application.