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Using the EB-1C Visa

While it’s not the easiest thing to get approved for a visa to work in the U.S. as an employee, there are numerous options for employees and employers to pursue. This blog will focus on the EB-1C visa, which is geared toward managers and executives who have spent time at multinational companies. 

Manager or Executive 

To figure out whether or not you qualify for the EB-1C visa, you first need to establish that you have the proper professional credentials as an executive or manager. Again, this is not the same as being a lower-level employee.

To be considered a manager under the EB-1C visa, you must must: 

  • Manage the multinational company or a department or function of the company.
  • Have supervisory duties over other professionals in the company or manage essential functions. 
  • Have the authority to make hiring and firing decisions. 
  • Exercise discretion over the day-to-day functions of the company or department. 

Executives must have the following qualifications: 

  • They must manage an organization or major component or function of the organization. 
  • They receive only general supervision from higher executives, shareholders, or the board of directors.  
  • They have the power to set major goals and policies. 
  • They have wide-ranging decision-making authority within the organization. 

Other Requirements

The executive or manager seeking the EB-1C visa must have been employed by the parent, subsidiary, or affiliate of the U.S. company during at least one year out of the past three years. Additionally, the company must have been in business for at least one year. While the worker is not required to have a labor certification, he or she must have a job offer from the U.S. company. Both the employer and employee must submit evidence that all the requirements were satisfied in order to be successful. 

Forms

The applicant, if not already in the U.S., must file Form I-140 (Immigrant Petition for Alien Worker) with the U.S. Citizenship and Immigration Services (USCIS). Many foreign workers use the L-1A visa, which is somewhat more flexible, to achieve lawful status in the U.S. Those workers can file Form I-185 (adjustment of status form) at the same time they file Form I-185. Remember: the burden of proof is on applicants to show they fulfill all requirements. Having errors on your application means you will have to start over with a new application. 

RelisLaw has decades of experience helping multinational companies, foreign workers, entrepreneurs, and others looking to make the U.S. their permanent or temporary home. Your goals are our goals. Visit our contact page here to set up a free 10-minute call with our legal team. 

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We help people from around the world to live and work freely in the U.S., to achieve their dreams, unite families, or escape persecution. No matter what immigration service you need, RelisLaw will provide caring and dependable counsel to you and aggressive advocacy to vigorously fight for you using every available legal avenue. As a global firm, we work with people in countries around the world. We meet clients across the U.S., as well as in New York, Toronto, and Montréal. We also meet with clients globally, located in any country, via Skype and other platforms.
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E-2 Treaty Investor Visa Requirements: A Definitive Guide for Business Owners and Managers - RelisLaw

E-2 Treaty Investor Visa: Comprehensive Guide for Business Owners

U.S. Investment Opportunity: The E-2 Visa

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The **E-2 Treaty Investor Visa** is a non-immigrant classification for foreign nationals investing a substantial amount of capital in a bona fide U.S. business. At RelisLaw, we specialize in maximizing the approval chances for **E-2 Visa Business Entrepreneurs and Managers**.

The E-2 visa allows investors and their **immediate family** (spouse and unmarried children under 21) to live and work in the United States. Initial approval can grant residency for up to **5 years** and is indefinitely renewable as long as the business meets the requirements. This visa is explicitly designed to spur **foreign investment and economic development** in the U.S.

DOWNLOAD: YOUR STEP-BY-STEP GUIDE TO E-2 VISA SUCCESS

RelisLaw provides the **solid, detailed guidance** you can rely on to build your strongest E-2 Application and successfully secure your future in the USA!

Since 2016, our clients worldwide have chosen RelisLaw, not only for our **meticulous work and consistent Approvals** but also for the continuous support we provide to help them achieve their dreams of working in the U.S.

Be prepared to discuss your **business plan, investment sources, and management role** in detail during your application process. Upon E-2 visa approval, you will receive authorization to start working in your approved U.S. business right away!

E-2 Treaty Investor Visa Eligibility Summary

E-2 Requirement Category Core Eligibility Criteria Definition of Investment
**Applicant & Business** – Must be a **citizen of a U.S. treaty country**.

– Must have already **invested or be actively investing a significant amount** of capital in a legitimate U.S. enterprise.

– The applicant must be coming to the U.S. solely to **develop and direct the enterprise** by having ownership (at least 50%) or a key managerial/executive role.		 – The investment must be **Substantial** relative to the total cost of the business (start-up or purchase).

– Funds must be large enough to demonstrate the investor’s strong **financial commitment** to the business’s success.

– The business must be **Not Marginal** (i.e., not solely created to provide a minimal living income for the investor and family, but must expand employment opportunities in the U.S.).
GET YOUR STEP-BY-STEP E-2 VISA GUIDE NOW
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