EB-1C Visa | U.S. Green Card for Managers and Executives
The EB-1C visa is the perfect choice for international executives and managers wishing to apply for a green card.
While the number is restricted like other work-based immigrant visas, there are rarely any waiting periods, i.e. the quota is seldom exceeded. If waiting periods do occur, they are typically relatively short for an EB-1C visa (e.g. one year). Currently, there are no waiting periods (as of August 2022). Furthermore, neither a labor market test nor a U.S. employer is necessary. The requirements can also be fulfilled by mid-sized companies with a well-established U.S. location.
If managers and executives only intend to live and work in the USA for a limited duration, we recommend applying for an L visa or E visa as a green card has tax implications that should be taken into account.
What are the requirements for an EB-1C visa?
The general requirements for an EB-1C visa include:
- For U.S. employers: A U.S. employer must desire to employ an “executive” or “manager”. It is crucial to note that the U.S. employer must be a distinct legal entity. A U.S. branch office, for example, is not adequate.
- For employers outside the USA: The employee must have worked outside the USA for at least one year within the last three years as an executive or manager for a branch office or a parent/sister/subsidiary company of the U.S. employer. The three-year “look-back period” may also be prior to entry into the U.S., e.g. on an L visa. For instance, if you have an L-1A visa (“Intracompany Transferee”) and have been working in the USA for 5 years, you can also refer to your work abroad.
- The U.S. immigration authorities or the U.S. consulate will scrutinize exactly what responsibilities you have and what tasks the position entails. If the position requires too much practical and general administrative work (or if the company has too few staff), the application may be questioned or declined on the basis that the position does not need to be filled by an executive or manager.
- The U.S. employer must have been in business for one year. The mere fact that the U.S. company was established more than a year ago is not sufficient. Rather, the number of customers or orders the company has, whether it has created jobs, whether it has grown, etc. are examined.
What are the advantages of an EB-1C visa?
Perhaps the most significant advantage of an EB-1C visa is that the employer does not need to conduct a labor market test. This implies that the employer does not have to advertise the position and, if necessary, conduct interviews with applicants whose rejection would then have to be precisely justified and documented.
Applying for an EB-1C visa for the USA
An EB-1C visa can be applied for as soon as the requirements are met. However, it is advisable to seek legal counsel first before applying. Depending on the position, background, or employer, there are various strategic considerations as well as factors (e.g. business relationships, presentation of the position and responsibilities) that should be carefully examined.
Applying for an EB-1C green card is a two-step process:
- Step 1: Submission of the petition by the U.S. employer
The U.S. employer initiates a petition. This petition comprises forms and documents that validate the fulfillment of the prerequisites.
- Step 2: Employee's application for green card
If the petition is approved, the employee can then apply for a green card. As an executive or manager, there are generally two options for applying for a green card:
- If the conditions are fulfilled (including legal entry and legal residence), you can apply for an adjustment of status within the USA to switch your status from “non-immigrant” to “immigrant”.
- If an adjustment of status is not feasible or not preferred, an immigrant visa is applied for at a U.S. consulate outside of the USA. The EB-1C green card will be automatically dispatched to a U.S. address specified during the visa process, after the payment of an immigrant fee (currently USD 220), and upon entry into the USA.
EB-1C Visa and family members
Unmarried children under the age of 21 and spouses of an EB-1C applicant can also secure a green card.
Job loss and EB-1C green card
Unlike non-immigrant visas, the validity of the green card is not contingent on employment. For instance, if an individual is employed in the USA on an L visa and resigns or is terminated, they must invariably depart from the USA. The situation is different with a green card: while an employer is required to complete the process with the applicant to apply for a job-based green card, once a green card is acquired, it is not reliant on a minimum period of employment or similar.
Our advice on the EB-1C green card
Would you like to live and work in the USA and would you like qualified advice from an experienced lawyer on choosing the right visa category and support with your visa application process? We will be happy to help you! The best way to contact us is by e-mail (info@visum-usa.com) or by phone (+49 69 76 75 77 85 26).
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