The EB-1C immigrant visa provides a pathway to permanent residency in the United States for executives and managers of multinational companies. This category enables global businesses to transfer qualified leaders from their foreign offices to a U.S. parent, branch, subsidiary, or affiliate on a permanent basis. It is particularly suited for individuals who have been directing or managing significant operations abroad and whose expertise is required to lead the company’s growth and strategy in the United States.

Who Can Apply

To qualify under the EB-1C category, the U.S. company must have a qualifying relationship with the foreign entity, such as a parent, subsidiary, branch, or affiliate, and both companies must be actively engaged in business. The petitioner must demonstrate that the relationship is based on common ownership and control, not merely a contractual partnership or franchise arrangement.

The beneficiary must have been employed outside the United States for at least one continuous year within the three years preceding the petition. This employment must have been in a managerial or executive capacity, and the beneficiary must be coming to the U.S. to perform a similar role with the same organization or its qualifying affiliate.

What Counts as Executive or Managerial

USCIS interprets these terms narrowly, focusing on the level of responsibility rather than the job title.

• Executive capacity means directing the management of the organization or one of its major components or functions. Executives establish goals and policies, exercise wide decision-making authority, and receive only general supervision from higher-level executives, a board of directors, or shareholders.
• Managerial capacity means supervising and controlling the work of professional employees or managing an essential function of the organization at a senior level. Managers typically hold the authority to hire, fire, and make key personnel decisions or to manage a critical business function independently.

The key factor is that the position must focus on strategic direction and oversight, rather than hands-on operational or administrative tasks. USCIS closely evaluates whether the beneficiary primarily directs other professionals or manages a function critical to the company’s success.

Why EB-1C Is So Valuable

The EB-1C category offers several advantages compared to other employment-based green card and U.S. visa options. Most notably, it does not require a PERM labor certification, which greatly simplifies the process.

This classification allows multinational companies to transfer their senior executives and managers directly to the United States to support expansion, integration, or long-term management of U.S. operations. Many professionals initially enter the U.S. under L-1A non-immigrant status and later transition to EB-1C once the U.S. office has been operating for at least one year and can sustain a permanent executive-level position.

What USCIS Looks For

A strong EB-1C petition should clearly demonstrate that:

• The U.S. and foreign companies share common ownership and control, supported by documentation such as share certificates, corporate filings, and tax records.
• The beneficiary’s role involves high-level managerial or executive authority, including supervision of professional staff or oversight of a major business function.
• The U.S. entity has the organizational structure and financial capacity to justify an executive or managerial position.

Supporting evidence often includes detailed organizational charts, comprehensive job descriptions, payroll records, and financial statements demonstrating that the U.S. operation is active and viable.

At the Law Office of Thomas V. Allen, we specialize in guiding multinational companies and executives through the EB-1C immigrant visa process from start to finish. Our team works closely with clients to prepare and file petitions before the appropriate U.S. immigration office. We ensure each submission is meticulously documented and strategically presented to meet regulatory standards and maximize the likelihood of approval.

Contact us today to schedule a consultation and learn how we can support your path to long-term success in the United States.

Disclaimer: This article provides general information and is not legal advice. Immigration laws and requirements change frequently. Consult a qualified attorney for advice tailored to your circumstances.