EB-1C multinational manager/executive green card

Wang Law Firm, LLC · David Wang, Managing Attorney

EB-1C is the "multinational manager or executive" category within the employment-based first preference. A U.S. company, as the employer, files Form I-140 to sponsor a green card for an employee who served as a manager or executive at a related company abroad and will continue as a manager or executive in the U.S. It doesn't require labor certification (PERM) or proof that no qualified U.S. worker is available, which makes it one of the shorter employment-based processes.

The hurdles in EB-1C are "genuine multinational operations" and "a genuinely managerial position." USCIS focuses not on your title, but on whether both companies really operate, whether they're large enough to support a managerial position, and what you actually do every day. Many applicants hold L-1A status, but you can apply without it.

Who it suits

• Business owners and executives who run a company abroad and have set up a U.S. subsidiary or branch that has been operating for at least a year;
• Employees of multinational groups who head departments or hold senior management positions in the U.S.;
• Managers or executives working in the U.S. on L-1A who want to become permanent residents;
• Function managers responsible for managing a core company function (such as finance, R&D or marketing).

Requirements

1. Employment abroad: within the three years before the I-140 is filed, the beneficiary worked full-time for a qualifying company abroad as a manager or executive for at least one continuous year. If the beneficiary is already in the U.S. working for the same employer or a related company, the question is whether they met that one-year requirement abroad within the three years before entering the U.S. as a nonimmigrant.
2. Qualifying relationship: the foreign company and the U.S. employer are related as parent, branch, subsidiary or affiliate (defined as for L-1), and the relationship still exists at filing.
3. The U.S. company has been doing business for at least a year: when the petition is filed, the U.S. employer must have been doing business for at least one year, meaning regularly and continuously providing goods or services. This differs from a new-office L-1A: a newly formed company can't file for EB-1C.
4. The foreign company keeps operating: as a multinational, the foreign entity should continue operating while the case is pending.
5. The U.S. position: the beneficiary will work in a managerial or executive position in the U.S.
6. Ability to pay: the U.S. employer must show it can pay the offered wage from the filing date, usually through annual reports, federal tax returns or audited financial statements.

How "manager" and "executive" are defined

Managerial capacity

Under the statutory definition, a manager must primarily:

• Manage the organization, or a department, subdivision or function of it;
• Supervise and control the work of other supervisory, professional or managerial employees, or manage an essential function within the organization;
• Have the authority to hire and fire, or recommend those and other personnel actions, for employees directly supervised; or, if no employees are directly supervised, function at a senior level within the function managed;
• Exercise discretion over the day-to-day operations of the activity for which they are responsible.

A first-line supervisor isn't considered a manager unless the employees supervised are professionals.

Executive capacity

• Directs the management of the organization or a major component or function of it;
• Establishes the goals and policies of the organization, component or function;
• Exercises wide latitude in discretionary decision-making;
• Receives only general supervision or direction from higher-level executives, the board of directors or shareholders.

Function managers

Someone with few direct reports who manages a core company function may also meet the definition of "manager," for example someone responsible for a group's U.S. finance, supply chain or R&D management. The key is to show that the function really is essential to the company; that the beneficiary manages the function rather than personally performing the work; and who does the work (company employees, contractors or a team abroad). Saying "I'm in charge of finance" without explaining who keeps the books and who files the taxes easily draws challenges.

Company size and "primarily"

USCIS considers the company's stage of development and overall size, and won't deny a case simply because there are few employees. But if the company has very few people, it's hard for the beneficiary to show that they "primarily" manage rather than personally handle sales, purchasing, customer service and other day-to-day work. Reasonable staffing, a clear organizational structure and specific descriptions of subordinates' duties are the core evidence in an EB-1C case.

How it relates to L-1A

An L-1A approval doesn't guarantee an EB-1C approval; each is decided independently in a separate review. A common situation in practice: the company was just starting out at the L-1A stage, and by the time of the EB-1C, USCIS looks at whether the U.S. company has grown enough to support a genuinely managerial position. So it pays to build the company to EB-1C standards deliberately during the L-1A stage.

The process

1. Assessment: check the length of employment abroad, the ownership relationship between the two companies, how long the U.S. company has operated, and its staffing structure.
2. Prepare and file the I-140: filed by the U.S. employer with evidence about the companies, the position and the beneficiary. Premium processing may be requested where appropriate (check current USCIS rules).
3. Wait for your priority date: EB-1 backlogs are charged by country of birth, and applicants born in mainland China, for example, usually have to wait. See the Visa Bulletin guide.
4. Get the green card: eligible applicants in the U.S. file I-485 to adjust status (it can be filed together with the I-140 when the priority date is current); applicants abroad go through the National Visa Center (NVC) and a U.S. embassy or consulate for an immigrant visa.

Documents you'll usually need

• Formation documents, ownership structure and proof of the relationship for the U.S. and foreign companies;
• Both companies' financial statements, tax returns, bank statements, and major business contracts and invoices, to prove genuine operations;
• The U.S. company's employee list, payroll records (such as W-2s and quarterly payroll tax returns) and organizational chart;
• The foreign company's organizational chart, and the beneficiary's employment verification, payroll and social insurance records abroad;
• Detailed descriptions of the beneficiary's duties in both the foreign and U.S. positions, ideally with the percentage of time spent on each;
• Titles, education and duties of subordinate employees;
• Proof of the U.S. employer's ability to pay.

Timing and costs

Government fees for I-140, I-485 and the premium processing fee are listed on the USCIS fees page, and processing times on USCIS processing times. For an overview, see Immigration filing fees and processing times.

Spouses and children

The beneficiary's spouse and unmarried children under 21 can receive green cards as derivative applicants. Those in the U.S. can file I-485 at the same time and apply for work permits and reentry permits. For children approaching 21, calculate under the Child Status Protection Act (CSPA) whether they can keep child status.

Common RFE issues

• Vague job descriptions: just "responsible for overall operations" or "sets strategy," with no specific tasks, time percentages or examples.
• Not enough subordinates to support a managerial position: employees on the organizational chart have no payroll records, or part-time and contractor relationships aren't clearly explained.
• The beneficiary actually does frontline work: the company has only one or two employees, and the beneficiary also handles sales, purchasing, administration and other day-to-day tasks.
• A weak function manager argument: no explanation of why the function is essential or who performs the work.
• Weak evidence of employment abroad: no objective evidence of the managerial nature of the position abroad, the subordinates or the length of employment.
• Problems with the company relationship or operations: unexplained ownership changes, or a foreign company that has closed or shrunk.
• Ability to pay: the U.S. company's tax returns show net income or net assets too low to pay the offered wage.

For how to approach an RFE, see What to do when you get an RFE.

Common questions

Related reading

• L-1 intracompany transfer visa
• EB-1A or NIW: which one?
• Adjustment of status (I-485)
• How to read the Visa Bulletin

This article is general information and is not legal advice. Laws and policies can change; rely on the latest official information and on an attorney's advice for your specific situation.