Executives and managers of international or U.S. corporations have priority status when applying for permanent residency in America. The EB-1C visa allows foreign nationals to work in the country when they are offered employment in the U.S. at an executive level, or their employer transfers them from a managerial position overseas.
The Department of Labor does not need to provide certification of positions that merit an EB-1C visa, so this process could prove much faster than other employment-based visas. However, applicants need to demonstrate that they qualify for the priority worker program. Adept immigration attorneys will look to see if the applicant already holds an L-1 visa for an international executive or manager, as the requirements overlap.
If you are a high-level manager or executive with a qualifying job offer from a U.S. or multi-national corporation, contact a Boston EB-1C lawyer today. During a private consultation, seasoned legal counsel could help determine your eligibility for this program and compile supporting documents to establish your right to an EB-1C visa.
A prospective immigrant cannot self-petition for an EB-1C visa. Their employer must sponsor an applicant and submit Form I-140. The employer must be a U.S. company and a parent, affiliate, subsidiary of, or have another qualifying relationship with, the company the prospective immigrant currently works for.
The employer must operate in the United States and at least one other country. Operating in a foreign country through a subsidiary is acceptable. The company must have been operating in the United States for at least one year before submitting Form I-140.
The employer must submit substantial documentation to support an application for an EB-1C visa, including its articles of incorporation or business license, stock certificates, income tax filings for the preceding three years, company letterhead, an organizational chart, and other evidence. A Boston attorney could assist a company in compiling the necessary documents for an EB-1C visa.
The EB-1C visa program is limited to individuals who hold high-level executive or managerial positions in their current occupation and have been offered a similarly high-level executive or management job in the United States. They must have been employed in this position for at least one of the three years preceding the application for an EB-1C visa. The U.S. Citizenship and Immigration Service (USCIS) closely scrutinizes prospective immigrants’ job responsibilities to determine whether they qualify for an EB-1C visa.
A prospective immigrant must submit documentation, including their resume, passport, diploma or degree, and verification of employment from the overseas office employing them. They also must present proof that they have been offered a transfer to the United States and can fulfill a role as a high-level manager or executive in the U.S. A Boston attorney could review a prospective immigrant’s resume and offer letter and evaluate what forms of supporting documentation might be most compelling in a specific EB-1C visa case.
If a prospective immigrant seeks priority status as a manager, they must prove that they directed an organization or a significant component, department, or function of an organization. Additionally, they must control the work of other supervisory or professional employees, have hiring and firing authority, or exercise substantial control of the day-to-day operations of the organization, department, or function.
If a prospective immigrant seeks entry as an executive, they must prove that they exercise broad control over an organization, department, major component, or function. They must prove that they set goals and policies, have significant discretionary decision-making power, and operate without close direct supervision. An executive who qualifies for an EB-1C visa receives only general supervision from a top-level executive, Board of Directors, or stockholders.
If you hold a high-level position with an American company that wants you to assume a new role in the United States, you may qualify for an EB-1C visa. This visa confers permanent resident status on you, your spouse, and your unmarried children under 21. This visa does not require a Department of Labor certification, so processing times may be faster than other employment-based visas.
Applying for legal entry to the United States is an exceptionally complex process, especially without the guidance of a seasoned attorney. Working with an experienced Boston EB-c1 lawyer from the beginning could help ensure that your application receives appropriate consideration and that you avoid any errors during the filing process. Call our firm today to speak with a dedicated immigration attorney.
