1. Q: What is the EB-1C category?
A: The EB-1 (c) category is an immigrant visa category that is reserved for a multinational executive or manager.
2. Q: Can an alien file for him/herself under this visa category?
A: No. A U.S. employer must petition for the alien under this visa category.
3. Q: What requirements does the U.S. employer have to meet?
A: The prospective U.S. employer must demonstrate the ability to pay the proffered wage, is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity that employed the alien overseas, and has been doing business for at least one year in the U.S.
4. Q: What does “doing business” mean?
A: Doing business means the regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include mere presence of an agent or office.
5. Q: Is a labor certification required before the filing of EB-1C petition?
A: No. However, there must be an offer of employment from a prospective U.S. employer.
6. Q: What eligibility criteria should be identified in the case of multinational executive or manager petitions?
A: The EB-1C petition for multinational executive or manager should include the follow documents:
• The candidate must have been employed for one year within the past three years by either the overseas affiliate, parent, subsidiary or branch of the U.S. employer and she must work in the United States in a managerial or executive capacity; and
• The company must conduct business within the United States and another country in the regular, systematic, and continuous provision of goods or services; and
• The company must have been in existence in the United States for at least one year.
7. Q: What does “executive capacity” mean?
A: Executive capacity means an assignment within an organization in which the employee primarily:
• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision-making; and
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.
8. Q: What does “managerial capacity” mean?
A: Managerial capacity means an assignment within an organization in which the employee primarily:
• Manages the organization, or a department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
• If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions; and
• Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
Note: A first-line supervisor is not considered to be action in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional.
9. Q: Do I need to live in the U.S. in L-1 status to apply for an EB-1C?
A: No. Any alien, living either within the U.S. or in a foreign country may apply for an EB-1C petition, provided, or course, that he or she meets the relevant requirements.
10. Q: Can the spouse and unmarried children under 21 of a multinational executive or manager gain permanent residency through this classification?
A: Yes. The spouse and unmarried children under 21 of a multinational executive or manager can gain permanent residency based on the principal alien.