EB-1C Visa | U.S. Green Card for Managers and Executives

General requirements are:

• For U.S. employers: A U.S. employer must want to employ an “executive” or “manager.” It should be noted that the U.S. employer must be a separate legal entity. A U.S. branch office, for example, is not sufficient.
   
• For employers outside the U.S.: The employee must have worked outside the U.S. for at least one year within the last three years as an executive or manager for a branch office or parent/sister/subsidiary company of the U.S. employer. The three-year “lookback period” may also precede entry into the U.S., e.g. with an L visa. For example, if you have an L-1A visa (“intracompany transferee”) and have been working in the U.S. for five years, you may also refer to your work abroad.
   
• The U.S. immigration authorities or the U.S. consulate will carefully examine what responsibilities you have and what tasks the position exactly entails. If these require too much practical and general administrative work (or if the companies have too few staff), the application may be questioned or rejected on the grounds that the position does not need to be filled by an executive or manager.
   
• The U.S. employer must have been in business for at least one year. The simple fact that the U.S. company was founded 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. will be examined.

The biggest advantage of an EB-1C visa is that the employer does not have to conduct a labor market test. This means that the employer does not have to advertise the position and, if necessary, conduct interviews with applicants, whose rejection would then have to be justified and documented in detail.

An EB-1C visa can be applied for as soon as the requirements are met. However, it is advisable to seek legal advice before applying. Depending on the position, career history, or employer, there are various strategic considerations and factors (e.g. business relationships, description 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 submits a petition. The petition consists of forms and documents proving that the requirements are met.
   
• Step 2: Application for a green card by the employee
  If the petition is approved, the employee may apply for a green card. As an executive or manager, you generally have two options for applying for a green card:
  • If the requirements are met (including legal entry and legal residence), you may apply for an adjustment of status in the U.S. to change your status from “non-immigrant” to “immigrant.”
  • If an adjustment of status is not possible or not desired, an immigrant visa is applied for at a U.S. consulate outside the U.S. The EB-1C green card is automatically sent to a U.S. address specified in the visa application process after payment of a so-called immigrant fee (currently USD 220) and after entry into the U.S.

Unmarried children under the age of 21 and spouses of EB-1C applicants are also eligible for a green card.

Unlike non-immigrant visas, the validity of a green card is not dependent on employment. For example, if a person is employed in the U.S. on an L visa and resigns or is terminated, they must generally leave the U.S. The situation is different with a green card: although an employer is required to go through the process with the applicant when applying for a job-based green card, once the green card is obtained, it is not dependent on a minimum period of employment or similar requirements.

Based on our experience, you can expect the following processing times:

• I-140 (normal): 8–12 months
• Premium Processing: 45 calendar days
• Status adjustment: 8–15 months
• Consular processing: 6–10 months

• Managers with genuine personnel responsibility who lead teams and regularly conduct employee appraisals, target agreements, and performance reviews
   
• Individuals with clear strategic decision-making authority who are significantly involved in the orientation, planning, and further development of the company or a business unit
   
• Managers with budget or departmental responsibility who are accountable for the revenue, costs, resource planning, and results of their unit
   
• A clearly defined reporting line in which both the subordinate employees and the applicant's own integration into the management hierarchy are clearly documented
   
• A sufficient personnel structure in which the applicant does not act as a “lead specialist” but actually holds a management position with several direct or indirect subordinates
   
• Proven international business relationships, for example through the management of branches, subsidiaries, or projects between the home company and the U.S. company

Common reasons for rejection of the EB-1C visa include, for example, that the duties described are too operational and do not demonstrate sufficient genuine leadership or management responsibility. In addition, there is often insufficient staffing in the U.S., unclear job descriptions or reporting lines, and weak or contradictory evidence of the corporate structure. It is also problematic if the U.S. company does not yet appear to be sufficiently established, for example because its business activities, sales, or organization are not convincingly documented.

Applicants can expect the following fees:

• I-140 fee: USD 715
• USCIS Asylum Program Fee: USD 300
• Premium Processing (optional): USD 2,805
• Adjustment of Status in the US: USD 1,140 + USD 85 for biometric data
• Consular fee in the visa process: USD 325
• One-time immigration fee after visa issuance: USD 220