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EB-1C Green Card Process

The EB-1C Green Card is a Green Card category for multinational executives and managers seeking permanent residency in the United States. This category is part of the EB-1 employment-based immigration process, which is generally favorable because it does not require a labor certification and often has faster processing times compared to other Green Card categories.


Eligibility Criteria

To qualify for the EB-1C Green Card, applicants must meet specific eligibility criteria:

1. Employment Offer:

  • The applicant must have a permanent job offer from a U.S. employer that is a branch, subsidiary, or affiliate of the foreign company that employed them abroad.


2. Qualifying Experience:

  • The applicant must have worked outside the U.S. for at least one year within the last three years in a managerial or executive capacity. The applicant must have held a position that involved:
  • Managerial Capacity: Managing a department, subdivision, or other function of the organization, including supervising and controlling the work of other supervisory, professional, or managerial employees.
  • Executive Capacity: Directing the management of the organization or a major component or function, establishing goals and policies, and exercising wide latitude in discretionary decision-making.

3. Qualifying Relationship:

  • There must be a qualifying relationship between the foreign employer and the U.S. employer. Common relationships include:
  • Parent company
  • Subsidiary
  • Affiliate (companies with at least 50% common ownership)

Documentation Requirements

When filing for an EB-1C Green Card, specific documentation must be included to establish eligibility:

1. Form I-140 (Immigrant Petition for Alien Worker):

  • The U.S. employer must complete and submit Form I-140 to the U.S. Citizenship and Immigration Services (USCIS).

2. Supporting Evidence:

  • Company Documents: Evidence of the relationship between the U.S. and foreign employers, such as corporate structure charts, financial statements, and tax returns.
  • Employment Letters: Letters from both the foreign and U.S. employers detailing the job titles, responsibilities, and terms of employment.
  • Job Descriptions: Detailed descriptions of the managerial or executive roles held abroad and the position being offered in the U.S.
  • Proof of Employment: Pay stubs, tax returns, and employment contracts that verify the applicant's employment history and responsibilities.
  • Organizational Chart: An organizational chart that illustrates the applicant's position within the company structure.
  • Evidence of Employment Duration: Documentation showing the applicant's continuous employment in a managerial or executive role for at least one year within the last three years.

Potential Challenges

  • Documentation Completeness: Inadequate or incomplete documentation can lead to delays or denials. It's essential to provide thorough and clear evidence.
  • Employer Relationship Verification: USCIS may scrutinize the qualifying relationship between the U.S. and foreign employers, so it's crucial to present clear evidence.
  • Proof of Managerial/Executive Capacity: Applicants must clearly demonstrate that their role in the foreign company meets the managerial or executive criteria.
  • Changes in Employment: Any changes in employment status, role, or employer during the process can complicate the application and may require filing amendments.

The EB-1C Green Card process is a valuable pathway for multinational executives and managers seeking permanent residency in the U.S.



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