The EB1C visa is an immigrant visa, it provides the successful alien applicant lawful permanent residence in the US, in the EB1 category of visas. This visa is reserved for managers and executives who are transferred from a multinational organization. An applicant is eligible to get an EB1C visa if they establish that:
1. They are going to be employed as an executive or manager.
2. The employer is a U.S. employer. The employer’s business has been doing business in the U.S. for at least 1 year and it is an affiliate, a subsidiary, or the same corporation or other legal entity that had the applicant is or was employed with while they were abroad.
3. The individual had been employed for at least 1 year in the past 3 years by the foreign based affiliate, subsidiary or same corporation or organization outside the U.S.
A qualified executive can be described as the person who has vital power in the company. The individual manages the organization or a major part of the organization, makes the laws and policies and sets goals for the organization. A qualified manager is someone who has control of at least a subdivision of the organization and has important decisions to make and manages others. A manager has the power to hire new employees and terminate the ones who are subject to his or her supervision. The individual mustwork at a senior level in the organization.
An organization is qualified to file the petition for an employee’s visa if it is a US affiliate, parent or subsidiary of a foreign business corporation. The words “affiliate”, “parent” and “subsidiary” are used as defined by the immigration law, not by their literal meaning. In case the applicant was already in the U.S. on a non-immigrant visa, usually an L-1A visa, 3 years refer to 3 years before they came to U.S. The immigration service is hesitant to grant visas to individuals that come from organizations that don’t have a qualifying corporate structure.
The quota for the EB1 visa is usually not met since the standard is high. However, no test of the US job market is required for this visa and once the petition gets approved, the visa can be obtained in a few months. The processing of EB1 visas is faster than other categories of immigration visas but it is hard to get approval of the case especially for smaller companies. EB2 and EB3 may be a better or more realistic optiondepending on the circumstances.