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EB-1C Green Card: Q&A

By January 13, 2023Immigration

Eb1c green card is a great option for managers/executives who want to come and work for a U.S. entity and also have past experience working for a qualifying entity abroad in a managerial/executive role.

Do I need to be in the U.S. on an L-1 visa to qualify for an Eb-1c green card?

No. While many people first come to the U.S. on an L-1 visa and a couple years later the U.S. company then sponsors them for an Eb-1c green card, it’s not required. You could be working abroad your whole life and if a qualifying U.S. entity is willing to sponsor you for a green card, they could file an I140 petition and you could apply straight for your green card.

Does the U.S. employer have to file a prevailing wage determination, test the U.S. labor market, and go through the PERM process?

No, this is a great advantage of the Eb-1c green card – the US employer does not have to file a prevailing wage determination, test the labor market and does not have to go through the PERM process to sponsor you for a green card.

Can a small size company sponsor me for an Eb-1c green card or does it need to be a large multinational corporation?

A small company could potentially sponsor you for a green card, but the sponsoring U.S. company will need to show that you qualify under the executive/managerial category (e.g. if the company has only 2 employees it may be hard to make an argument that you are an executive/manager).

Do I have to have a prior experience from abroad?

Yes, to qualify for an Eb-1c green card you need to show that you have an experience from abroad from working for a qualifying entity (e.g. affiliate or subsidiary).

Is Premium Processing available for this type of petition?

USCIS currently offers Premium Processing service to petitioners that filed the Eb1c petition before January 1, 2022. Currently, if you are filing the petition in November 2022, you would not be able to pay for the premium processing, but it may become available at some later time.

How do I apply for the actual green card?

You can either file an Adjustment of Status petition or proceed with Consular Processing (applying for a green card at a U.S. Consulate abroad). USCIS have been approving certain employment based adjustment of status petitions without an interview, so your green card may be approved without an interview.

Is my green card tied to the Company that sponsored me for the green card? What happens if I want to change jobs?

The green card (unlike non-immigrant employment visas such as for example L-1) is not tied to the company that sponsored you for the green card. Therefore, you can change jobs once you have a green card and you will not loose the green card – once you have the green card you can work for any employer or you can even run your own business, there are no limitations.

Are there any specific rules governing Beneficiary’s salary?

As mentioned above, the employer does not have to file a prevailing wage determination and there are no specific rules as to what should be the minimum salary being paid to the Eb1c employee. Please note though that if the salary is too low, USCIS may wonder whether the position is really a position of a manager/executive and may wonder why is the salary so low.

You can read more about the Eb1c green card here.

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