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Do I Qualify for an EB-1C Green Card?

By October 21, 2021Immigration
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Eb-1c green card is a great green card option for foreign workers who are coming to work for a US company as managers/executives and in the past 3 years worked for a foreign entity that has a qualifying relationship with the U.S. entity.

To qualify for an Eb-1c green card, you will have to meet the following criteria:

  • In the past 3 years, you were employed for at least one year in a managerial or executive capacity by a foreign entity (or if you are already in the US working for the US entity – most commonly on an L-1 visa, you were employed by the foreign entity in the 3 years before coming to the US for at least 1 year in a managerial/executive capacity);
  • The US entity is the same employer or a subsidiary or affiliate of the foreign company (there is a qualifying relationship between the entities) ;
  • The US entity has been doing business for at least one year;
  • Both the US and the foreign entity are doing business – this means that both entities provide goods or services for regularly, systematically, and continuously;
  • You are coming to work in the U.S. in a managerial or executive capacity;
  • You have a permanent job offer from the U.S. company.

What is managerial or executive capacity in the U.S.?

When determining whether the foreign national will have a managerial or executive capacity in the U.S., USCIS looks at factors such as what is the nature of the US business, what is the size of the business, what is the organizational structure of the business, and what services/goods the business provides.

For example, if the US company wants to sponsor you for an Eb-1c green card but it currently only has 2 employees, it may be hard to make an argument that you are coming to the U.S. to work in a managerial/executive capacity (there are not many people you would manage) and that you would mostly focus on the high level managerial/executive duties and will not be involved in doing the day to day work of the business.

The job description submitted for the Eb-1c petition should focus on the high level managerial/executive duties. If the duties are primary administrative or operational, you would not qualify under this category.

The officer will also look at the job duties of your subordinates and at your and other employees’ salaries to make the final determination.

Do I have to have an L-1A visa before applying for an Eb-1c green card?

No. While it’s common to many people who were originally sponsored for an L-1A visa are later sponsored for an Eb-1C green card, this is not a requirement (even though many people think it’s required to first have an L-1 visa to qualify for this green card). For example, you could be living and working for the foreign entity you whole life, and the U.S. entity could then directly sponsor you for the Eb-1c green card.

If you do hold an L-1A visa, then the USCIS officer will look at the previous L-1 petition, but the fact that you were previously approved for an L-1A status does not guarantee an Eb-1c approval.

What is the procedure to file Eb-1c green card?

The employer will first have to file an I-140 petition with USCIS. Unfortunately, Premium processing is not available for this category as of right now and it will take USCIS most likely several months to make a decision on the petition.

One great advantage of this green card category is that the employer does not have to file a Labor Certification with the Department of Labor, meaning that the employer does not have to go through the PERM process.

Once approved, you will either be able to adjust your status in the U.S. (by filing form I-485) or by applying for an immigrant visa at a US Consulate abroad.

You can read more about the L-1 visa when you click here.

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