How to Qualify for EB1C Application and Prepare the Documents, Qualify EB1A, Eb-1C, EB1C Application, Prepare EB-1A, EB1C Application Documents

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How to Qualify for EB1C Application and Prepare the Documents?

Hi William,

I have L-1A visa now in U.S. as a manager for more than a year, and I want to apply for Green Card in the category of EB1 Multinational Executives and Managers (EB1C). What are the basic requirements for this EB1C Green Card application category? and how could I prepare my EB1C application documents to qualify for it?

Answer,

The third EB1 category is for Multinational Executives and Managers (EB1C). This kind application must be sponsored by an employer, but also do not require a labor certification. This category is generally used for persons who are in the nonimmigrant L-1A visa category.

To qualify for a Green Card under the EB1C category as a Multinational Executive or Manager, you must demonstrate that you have been employed in a managerial or executive capacity for at least one year within the past three years by a related foreign company, and are now seeking to continue in a similar role with the U.S. branch of that company, meaning the U.S. and foreign entities must have a qualifying relationship like parent, subsidiary, or affiliate; essentially, you must show continuous employment in a managerial or executive position with the same multinational company across borders.

The requirements are that there must be a qualifying relationship between a U.S. employer or sponsor and a foreign operation for which the employee worked abroad. The candidate must have been employed abroad for one year out of the past three years for the qualifying employer. This one-in-three-year requirement can be met if the employee is in the U.S. for more than three years, if the alien employee is working for the same employer or affiliate/subsidiary, and was employed for at least one year out of the three years abroad before coming to the United States.

The individual also must be coming to the U.S. to provide managerial or executive level services to the same employer or a subsidiary or affiliate. There are strict definitions of managerial / executive that must be met. Essentially, these are high-level managers and executives, who are responsible for directing the company or an important department or component of the company.

The following are some important considerations for an EB1C Green Card application:

1) Employment history: At least one year of employment in a managerial or executive role within the last three years at a related foreign company.

2) Qualifying relationship: The U.S. employer must have a qualifying relationship with the foreign company, such as parent, subsidiary, branch, or affiliate.

3) Job offer in the U.S.: The U.S. company must offer a full-time job in a managerial or executive capacity.

4) Documentation: Evidence of your previous employment responsibilities, organizational charts, and documentation proving the relationship between the U.S. and foreign companies.

5) No Labor Certification needed: Unlike some other employment-based immigration categories, an EB-1C application does not require a labor certification.

Definition of managerial or executive typically refers to individuals with significant authority over a department or function, including hiring, firing, and setting goals. For proof of responsibilities, you should provide detailed descriptions of your duties and responsibilities in your previous managerial or executive role.