ContractsCounsel Logo

EB1C Visa

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 9,787 reviews
No Upfront Payment Required, Pay Only If You Hire.

Jump to Section

The EB1C visa is a non-native permit available to administrators of a multinational company who are being repositioned to the U.S. to work for a related entity. This visa was created to streamline the intra-company transfer of key employees within global organizations. This blog post will give an overview of EB1C visas and other relevant details.

Steps to Apply for the EB1C Visa

Obtaining an EB1C visa concerns numerous steps, with the primary parties being the organization and the foreign national applicant. The steps involved in the EB1C visa application process are as follows:

Step 1: Role of the Employer

The U.S. organizations play a pivotal role in the EB1C visa application process. They must meet specific conditions and responsibilities, including:

  • Establish a Qualifying Relationship. The U.S. employer must demonstrate its qualifying relationship with the foreign employer, which can be substantiated through ownership or control and may require proof of the parent, subsidiary, or affiliate relationship between the organizations.
  • Support the Applicant. The hiring organizations should be financially competent in supporting the foreign national applicant in an executive or administrative position, ensuring fair remuneration and benefits.
  • Fill Out the Immigrant Requisition. The process starts with the organization filing an Immigrant Petition for Alien Worker (Form I-140) on behalf of the foreign resident. This requisition should comprise proof of the qualifying association and the applicant's qualifications for an administrative or executive role.

Step 2: The Immigrant Petition (Form I-140)

Form I-140 is a vital component of the EB1C visa application, where the applicant's qualifications, the employer's role, and the foreign employer's connection with the U.S. company are documented. Essential documents and evidence to accompany Form I-140 include:

  • Proof of the qualifying relationship between the U.S. and foreign employers, including financial statements, organizational charts, and relevant documentation.
  • Detailed employment history of the foreign national applicant, outlining their roles and responsibilities in foreign and U.S. companies.
  • Comprehensive information about the U.S. job offer, specifying the executive or managerial position, salary, and benefits.

Step 3: Adjustment of EB-IC Visa Status (Form I-485)

After Form I-140 approval, the foreign residents can apply for permanent residence (green card) by submitting the Application to Register Permanent Residence or Adjust Status (Form I-485). This application changes the applicant's immigration status to that of a legal permanent citizen in the United States. The Form I-485 process comprises:

  • Attend Biometric Appointment. The applicant must attend a biometrics appointment for fingerprinting and photography.
  • Clear Medical Examination. A medical examination is typically needed to ensure the applicant is free of contagious diseases that might render them inadmissible to the United States.
  • Schedule Interview. USCIS may sometimes schedule an interview with the applicant to discuss the application and verify the provided information.
  • Receive Green Card. Upon Form I-485 approval, the applicant receives a green card, granting lawful permanent resident status in the United States.

Eligibility of the EB1C Visa

The EB1C visa, commonly known as the Employment-based First Preference Visa for multinational managers and executives, is an immigrant visa accessible to foreign nationals holding executive or managerial positions within multinational corporations. This visa falls under the employment-based immigration category and distinguishes itself by not mandating a labor certification. Moreover, to qualify for obtaining an EB1C visa, applicants must fulfill the below criteria:

  • Employment Association: Applicants should have worked abroad for a qualifying global corporation for at least one of the three years before submitting their visa application. This establishment can be a foreign subsidiary, parent, or affiliate of the U.S. organization.
  • Administrative or Managerial Capability: Applicants must exhibit their intention to work in an administrative or managerial capability in the United States. While administrative positions concern directing a considerable part of the organization, executive roles manage a vital organizational function.
  • Continuing Job: Applicants must hold a valid job offer from a U.S. organization, a subsidiary, affiliate, or parent enterprise of the foreign organization. Additionally, this job offer should only relate to an executive or managerial position.
Meet some lawyers on our platform

Benjamin W.

74 projects on CC
View Profile

Forest H.

184 projects on CC
View Profile

Richard N.

111 projects on CC
View Profile

Kelvin R.

22 projects on CC
View Profile

Advantages of the EB1C Visa

The EB1C visa boasts several benefits, making it an appealing choice for international managers and executives looking to establish themselves in the United States.

  • Offers Priority Date Provision: A considerable advantage of the EB1C visa is its classification in the first preference category of employment-based visas, typically avoiding visa number backlogs. It means there is no need to wait for available visa numbers, unlike other employment-based immigrant visa categories that may entail extended waiting periods.
  • Provides Hasslefree Certification: Unlike many other employment-based immigrant visa categories, the EB1C visa doesn't require the U.S. employer to undergo the labor certification process. This procedure entails proving the absence of qualified U.S. workers, a process known for being time-consuming and expensive. The EB1C visa streamlines the immigration process for the employer and the foreign national applicant by sidestepping this requirement.
  • Assures Family Benefits: Another advantage of the EB1C visa is its allowance for the primary applicant to include their spouse and unmarried children under 21 as dependents in their visa application. It enables the spouse and children to accompany the primary applicant to the United States and engage in living, working, or attending school. In contrast, the primary applicant fulfills their executive or managerial role. Moreover, the spouse of the EB1C visa holder may also apply for employment authorization in the United States.

Common Challenges When Obtaining the EB1C Visa

Below are some common challenges applicants face when obtaining an EB1C visa:

  • Proving Managerial or Executive Capacity: A fundamental requirement for the EB1C visa is demonstrating the foreign national's intent to work in a managerial or executive capacity in the United States. It can be demanding, as the definitions of these roles may differ between countries and organizations. So, to overcome this challenge, it is necessary to provide extensive documentation of the applicant's obligations in foreign and U.S. companies, including detailed job descriptions, corporate charts, and other evidence confirming their eligibility for an executive or administrative role.
  • Documenting International Employment: Documenting international employment history is essential to obtaining an EB1C visa and may necessitate the collection of employment contracts, pay stubs, tax records, and other documents validating the applicant's work history. Moreover, individuals who have worked for multiple companies within the same multinational group may need help establishing continuity and visa eligibility. Seeking legal guidance from experts can be invaluable in navigating these intricacies.
  • Processing Delays: Despite the generally shorter processing time for the EB1C visa category compared to other employment-based immigrant visas, processing delays can still occur due to changes in immigration policies, backlogs, and procedural issues. Therefore, planning and applying well in advance is imperative to ensure a smooth transition to the United States.

Key Terms for EB1C Visas

  • I-140 Petition: The application form used to request immigrant classification as a multinational manager or executive.
  • National Interest Waiver: A potential avenue for expediting the EB1C process if the applicant's work benefits the United States substantially.
  • Labor Certification: A process typically required for employment-based visas but not for the EB1C, as it is exempt.
  • Consular Processing: The method of obtaining an immigrant visa through the U.S. embassy or consulate in the beneficiary's home country.
  • Premium Processing: An expedited service option for some immigration applications, including the I-140 petition for the EB1C visa.
  • Form DS-260: The Immigrant Visa and Alien Registration Application, used by EB1C visa beneficiaries applying for an immigrant visa.
  • Green Card: The common term for the U.S. Permanent Resident Card, signifying lawful permanent residency status.
  • Port of Entry: The location where EB1C visa holders officially enter the United States, often an airport or border crossing.

Final Thoughts on EB1C Visas

The EB1C visa offers a valuable pathway to lawful permanent residency in the United States for multinational executives and managers. Nevertheless, applicants are advised to seek legal guidance to navigate the complicated visa application procedure and ensure they fulfill the eligibility standards. Besides, the EB1C visa opens doors to a favorable future for people seeking to advance their careers and start a new life in the United States.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our EB1C Visa Lawyers

Ada A. on ContractsCounsel
View Ada
5.0 (1)
Member Since:
December 17, 2023

Ada A.

Free Consultation
Kennesaw, GA
5 Yrs Experience
Licensed in GA
Atlanta John Marshall Law School

Litigation and Discovery Management; Drafting and Filing of Pleadings, Motions and Briefs In Support; Preparation and Closing of Residential and Commercial Real Estate Sales and Purchase Transactions; Handling of Quiet Title Actions; Preparation and Filing of Probate Letters of Administration and Caveat Emptors; Review of Real Estate Documents and Settlement Negotiation.

Moshe G. on ContractsCounsel
View Moshe
Member Since:
December 11, 2023

Moshe G.

Director corporate and M&A
Free Consultation
12 Yrs Experience
Licensed in NY
Ono Academic College (Israel)

Motivated and self-starting Corporate and Commercial Counsel with over 12 years of experience in providing strategic legal solutions. Exceptional analytical and negotiation skills, focusing on Cyber Security, Finance, and Software. Proven track record of success in handling complex M&A matters. Expertly led negotiations and full five M&A transactions from start to finish (over $100M), resulting in successful integration including raising capital on Reg. A and Reg. D exemptions. Drafted, reviewed and negotiated commercial agreements including, Restructure Agreements Partnership Agreements, Asset Purchase Agreements, Stock Purchase Agreements, Restructure Agreements, Loan conversion Agreements, Debt Conversion Agreements. Provided business and capital strategy, such as restructuring of companies, due diligence, and SEC filings. Proven expertise in M&A and equity debt finance, with a track record of handling diverse clients. Provided strategic guidance on corporate governance, compliance, fiduciary duties, and ethical issues

Alexis L. on ContractsCounsel
View Alexis
Member Since:
December 12, 2023

Alexis L.

Attorney at Law
Free Consultation
Sault Ste. Marie, Michigan
22 Yrs Experience
Licensed in MA, MI
Suffolk University Law School

I am an attorney in Michigan. I attended Boston College for my undergraduate degree and Suffolk University Law School for my law degree. I have been practicing law for over 20 years.

Brian S. on ContractsCounsel
View Brian
Member Since:
December 15, 2023

Brian S.

Corporate Attorney
Free Consultation
Arizona, United States
23 Yrs Experience
Licensed in AZ, CA, DC, TX
South Texas College of Law Houston

I am a corporate lawyer with over 15 years of experience in litigation and in advising companies on a variety of legal issues, including mergers and acquisitions, securities regulations, and contract negotiations. I have a deep understanding of the technology industry and have represented numerous tech companies in my career.

Misi A. on ContractsCounsel
View Misi
Member Since:
December 20, 2023

Misi A.

Senior Counsel
Free Consultation
Inver Grove Heights
17 Yrs Experience
Licensed in MN
Mitchell Hamline College of Law

As a Senior Legal Professional, I have 16+ years experience with extensive background in commercial transactions and as a corporate generalist. I am well versed in contracts lifecycle, risk assessment, compliance, and healthcare regulations. My competencies extend to contract management and detailed project management skills. I have leveraged my legal contracts expertise to mitigate organizational risk, reduce costs, and drive multi-million-dollar revenue increases.

Karen C. on ContractsCounsel
View Karen
Member Since:
December 28, 2023

Karen C.

attorney and client relations
Free Consultation
Denver, CO
26 Yrs Experience
Licensed in MI
Chicago-Kent College of Law

I have approximately 15 years of attorney practice in IL and MI, doing both transactional and litigation work. I am currently licensed in MI and will be taking the CO bar in February. I am open to discussing paralegal or law clerk positions as I've not practiced law full-time since 2015. I worked as a residential realtor from 2015 until I moved to CO in 2021. I took the UBE in July 2023. I am qualified to become licensed in Utah, New Mexico, Oklahoma and Indiana. I missed the mark for CO by 5 points. I should be licensed to practice law in CO by April 2024.

Find the best lawyer for your project

Browse Lawyers Now

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

EB1C Visa lawyers by city
See All EB1C Visa Lawyers
related contracts
See More Contracts
other helpful articles

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city