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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