EB-1C
In general, an EB-1C visa is a convenient way for a small or start-up overseas company to expand its business and services to the United States. The advantage to smaller companies stems from the fact that the EB-1C visa allows for the transfer of a highly proficient manager or executive who has direct knowledge of the company’s operations, which helps ensure that setting up a new U.S. branch of the company is both efficient and complies with the goals and objectives of company headquarters.
The employer must meet the following requirements:
- The company must be a U.S. employer with a qualifying relationship with a foreign company, such as a parent company, branch, subsidiary, or affiliate.
- The company must operate in the U.S. and in at least one other country, either directly or through a qualifying entity, in the regular, systematic, and continuous provision of goods or services.
- The company must have been conducting business in the U.S. for at least one year prior to filing.
Prospective beneficiaries of an EB-1C visa must have been employed in a managerial or executive capacity by the overseas affiliate, parent, subsidiary or branch of the U.S. employer for at least one of the three years prior to filing the petition. They must also intend to immigrate to the U.S. to work in a managerial or executive capacity with the employer. Generally speaking, unless the employees they supervise are professionals, first-line supervisors are not considered “managers” for EB-1C purposes.