USA EB-1C (Multinational Manager/Executive)

What is the EB-1C Green Card?

The EB-1C is an immigrant visa category that allows certain multinational executives and managers to obtain lawful permanent residency (Green Card) in the United States. It falls under the Employment-Based First Preference (EB-1) category, which is reserved for individuals with extraordinary abilities, outstanding professors and researchers, and multinational managers or executives.

Unlike many other employment-based Green Card categories, the EB-1C does not require a PERM Labor Certification, which significantly speeds up the process by eliminating the need for the U.S. employer to prove that no qualified U.S. workers are available for the position.

Eligibility Criteria for the EB-1C Green Card

To qualify for an EB-1C Green Card, both the U.S. employer (petitioner) and the foreign national employee (beneficiary) must meet stringent requirements set by U.S. Citizenship and Immigration Services (USCIS).

Requirements for the Employee (Foreign National):

• Prior Employment Abroad: The employee must have been employed outside the U.S. for at least one continuous year within the three years immediately preceding the filing of the EB-1C petition. If the employee is already in the U.S. on a nonimmigrant visa (such as an L-1A visa) working for the U.S. petitioning employer, the one-year foreign employment must have occurred in the three years immediately preceding their most recent lawful admission to the U.S.
• Managerial or Executive Capacity Abroad: The foreign employment must have been in a managerial or executive capacity. This is a critical point, as USCIS applies strict definitions for these roles.
  • Managerial Capacity: Primarily manages the organization, or a department, subdivision, function, or component; supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function; has authority to hire and fire, or recommend such personnel actions, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and exercises discretion over the day-to-day operations.
  • Executive Capacity: Primarily directs the management of the organization or a major component or function; establishes the goals and policies of the organization, component, or function; exercises wide latitude in discretionary decision-making; and receives only general supervision or direction from higher-level executives, the board of directors, or stockholders.
• Role in U.S.: The employee must be coming to the U.S. to work in a managerial or executive capacity for the U.S. petitioning entity. This position must be permanent and full-time.

Requirements for the Employer (U.S. Company):

• Qualifying Relationship: The U.S. employer must be an affiliate, subsidiary, parent, or branch of the foreign company where the employee previously worked. This relationship must be proven through ownership and control.
• Doing Business: Both the U.S. and foreign entities must be actively “doing business” (regularly, systematically, and continuously providing goods or services) in at least two countries.
• Established U.S. Operations: The U.S. company must have been doing business for at least one year at the time the EB-1C petition is filed. Unlike the L-1A, which allows for new U.S. offices, the EB-1C requires an established presence.
• Financial Viability: The U.S. employer must demonstrate the financial ability to pay the proffered wage.

Application Process for the EB-1C Green Card

The EB-1C Green Card application typically involves a two-step process, though for applicants already in the U.S., these steps can sometimes be filed concurrently.

Step 1: Filing Form I-140, Immigrant Petition for Alien Worker

• The U.S. employer files Form I-140 with USCIS on behalf of the foreign national. This petition includes extensive documentation proving the qualifying relationship between the foreign and U.S. entities, the employee’s managerial/executive experience abroad, and their proposed managerial/executive role in the U.S.
• Premium Processing: While optional, premium processing is available for Form I-140, guaranteeing USCIS action (approval, denial, or Request for Evidence – RFE) within 15 calendar days for an additional fee. This can significantly accelerate the initial stage.

Step 2: Adjustment of Status (Form I-485) or Consular Processing (Form DS-260)

• Once the I-140 petition is approved and a visa number is available (based on the monthly Visa Bulletin issued by the Department of State), the foreign national can apply for their Green Card.
• Adjustment of Status (Form I-485): If the applicant is already in the U.S. in a lawful nonimmigrant status (e.g., L-1A), they can file Form I-485 to adjust their status to that of a lawful permanent resident. Concurrent filing of I-140 and I-485 is often possible if the EB-1C category is “current” for their country of chargeability in the Visa Bulletin.
• Consular Processing (Form DS-260): If the applicant is outside the U.S., or chooses this path, they will undergo consular processing at a U.S. embassy or consulate in their home country. This involves an interview and issuance of an immigrant visa, allowing them to enter the U.S. as a permanent resident.

Key Aspects and Benefits of the EB-1C

The EB-1C visa offers several significant advantages, making it a highly desirable option for multinational managers and executives:

Important Considerations:

• Strict Managerial/Executive Definition: USCIS rigorously scrutinizes the managerial or executive duties performed both abroad and in the U.S. Job titles alone are insufficient; detailed descriptions of responsibilities, supervisory authority, and decision-making power are crucial.
• Qualifying Relationship: Proving the complex corporate relationship between the foreign and U.S. entities is paramount. This often involves providing articles of incorporation, financial statements, and organizational charts.
• Established U.S. Operations: The U.S. entity must demonstrate it has been operating for at least one year and is not just a newly formed office, as is sometimes the case with L-1A visas for new offices.

Recent Changes and Updates (2024-2025)

While the fundamental requirements for the EB-1C Green Card have remained largely consistent, applicants should be aware of several procedural and processing-related updates:

• USCIS Fee Increases (Effective April 1, 2024): USCIS adjusted various filing fees. For Form I-140, the fee increased to $715. Additionally, an “Asylum Program Fee” of $600 (or $300 for non-profits and small employers with 25 or fewer employees) is now applicable to I-140 petitions. Premium processing fees for I-140 also increased to $2,805 (effective February 26, 2024).
• Adjustment of Status Fees: The fee for Form I-485 (Adjustment of Status) increased to $1,440 (if filed concurrently with I-131 and I-765, or if filed separately and including these forms).
• Visa Bulletin Trends (Mid-2025): As of the July/August 2025 Visa Bulletins, the EB-1 category continues to be “Current” for most countries, indicating no significant backlogs. However, India and China continue to experience some retrogressed dates (e.g., India’s Final Action Date for EB-1 was February 15, 2022, and China’s was November 15, 2022, as of August 2025). Applicants from these countries may still face some waiting periods.
• Processing Times: USCIS processing times for I-140 petitions (regular processing) can vary but are generally estimated to be around 6-12 months. With premium processing, the I-140 decision is guaranteed within 15 calendar days. Adjustment of Status processing can take an additional 6-12 months once the priority date is current and the I-485 is filed.
• Increased Scrutiny on Managerial/Executive Roles: USCIS continues to apply rigorous scrutiny to the managerial and executive definitions, often issuing Requests for Evidence (RFEs) for insufficient evidence in this area. Clear, detailed job descriptions and organizational charts are more critical than ever.

Costs Associated with the EB-1C Green Card

The total cost of an EB-1C Green Card can vary significantly depending on legal fees, premium processing choices, and individual circumstances. Here’s an estimated breakdown of common fees:

• USCIS Filing Fees:
  • Form I-140, Immigrant Petition for Alien Worker: $715
  • Asylum Program Fee: $600 (or $300 for small employers/non-profits)
  • Optional Premium Processing Fee for Form I-140: $2,805
  • Form I-485, Application to Adjust Status: $1,440 (includes biometrics, I-131 for travel, and I-765 for work authorization)
  • USCIS Immigrant Fee: $235 (paid after visa approval for consular processing applicants)
• Consular Processing Fees (if applicable, in lieu of I-485):
  • DS-260 Immigrant Visa Application Fee: $325
  • Affidavit of Support Fee (if required for family members): $120
• Legal Fees: Attorney fees for EB-1C petitions can range widely, typically from $10,000 to $25,000+, depending on the complexity of the case and the law firm’s experience. This generally covers preparing and filing the I-140, and advising on the adjustment of status or consular processing.
• Other Potential Costs: Medical examination fees (for I-485 applicants), translation fees for foreign documents, travel expenses for consular interviews, and potentially fees for expert opinion letters if required.

Dependents of EB-1C Green Card Holders

A significant benefit of the EB-1C is the ability to include family members in the Green Card application:

• Spouse: The spouse of an EB-1C principal applicant can apply for a Green Card concurrently.
• Unmarried Children Under 21: Unmarried children who are under 21 years of age at the time of filing (and potentially “aging out” considerations under the Child Status Protection Act – CSPA) can also be included in the petition.
• Benefits for Dependents: Once Green Cards are issued, dependents receive all the rights and privileges of lawful permanent residents, including the ability to live, work, and study anywhere in the U.S.