The EB-1C category is the employment-based immigrant visa (“green card”) for managers and executives of multinational companies. It is the permanent counterpart of the L-1A intracompany transferee visa, and for most L-1A managers and executives it is the natural path to permanent residence. Like the other EB-1 categories, it does not require a Labor Certification (PERM) from the U.S. Department of Labor. That saves a year or more.
Unlike the EB-1A Extraordinary Ability petition, the foreign national cannot file on his or her own behalf. The U.S. employer must file the petition and must offer a permanent managerial or executive position.
EB-1C Requirements
The U.S. employer must establish each of the following:
- A qualifying relationship. The U.S. employer must be the same employer as, or a parent, subsidiary, branch or affiliate of, the company that employed the foreign national abroad. The relationship is shown through ownership and control, and it must still exist when the petition is filed.
- One year of employment abroad. The foreign national must have been employed outside the United States by the related company for at least one continuous year in the three years before the petition is filed. If the foreign national is already working in the United States for the same organization, for example in L-1A status, the three years are counted back from the date he or she entered to work for it.
- Managerial or executive employment abroad. The year abroad must have been in a managerial or executive capacity. Employment in a “specialized knowledge” capacity, which qualifies for an L-1B visa, does not qualify for EB-1C.
- A managerial or executive position in the United States. The permanent position offered must also be managerial or executive.
- A U.S. employer that has been doing business for at least one year. Doing business means the regular, systematic and continuous provision of goods or services. The mere presence of an office is not enough. A new office that supported an L-1A petition cannot support an EB-1C petition until it has operated for a year.
- The ability to pay the offered wage. The employer must document this with annual reports, federal tax returns or audited financial statements.
The foreign national does not have to be in L-1A status, or in the United States at all. An employee who is still abroad, or who is here in another status, may qualify.
What is a “Manager” or an “Executive”?
These terms have specific legal meanings, and a job title does not decide the question. USCIS looks at what the person actually does all day.
- A manager manages the organization, or a department, subdivision, function or component of it; supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function; has the authority to hire and fire or to recommend those actions (or functions at a senior level if no one is directly supervised); and exercises discretion over day-to-day operations. A first-line supervisor is not a manager unless the employees supervised are professionals.
- Function manager. A person who manages an essential function of the organization at a senior level may qualify even with no direct subordinates. These cases require careful documentation of the function and of who performs its routine tasks.
- An executive directs the management of the organization or a major component or function of it; establishes its goals and policies; exercises wide latitude in discretionary decision-making; and receives only general supervision from higher executives, the board of directors or the stockholders.
The most common reason for denial is a finding that the foreign national is primarily performing the day-to-day work of the business, not managing it. This is a particular problem for smaller companies. USCIS will ask who performs the sales, the bookkeeping and the operational tasks if the manager does not. We therefore prepare a detailed description of the duties of both the foreign and the U.S. positions, with the percentage of time spent on each, together with organizational charts showing the names, titles, duties and education of the people supervised.
The EB-1C Process
Step 1: Immigrant Visa Petition (I-140). The U.S. employer files the petition with USCIS. There is no labor certification, no recruitment and no prevailing wage determination. The date the I-140 is filed is the foreign national’s “priority date.” Premium processing is available, and USCIS will act on an EB-1C petition within 45 business days.
Step 2: Application for Permanent Residence (I-485) or Consular Processing. If the foreign national is in the United States and a visa number is available, the green card applications for the foreign national, spouse and unmarried children under 21 may be filed together with the I-140. Employment and travel authorization are available while the applications are pending. If the foreign national is abroad, the approved petition is sent to the National Visa Center for processing at the U.S. consulate.
As of October 2026, EB-1 visa numbers are immediately available for every country except China and India. For those born in China the cutoff is July 1, 2023, and for those born in India it is February 1, 2023. Current dates are posted on our Priority and Processing Dates page.
Common Questions
- I am in L-1B status. Can I use EB-1C?
Only if your position abroad was managerial or executive and the U.S. position offered is as well. If either was a specialized knowledge position, the employer will normally need to use the PERM process in the EB-2 or EB-3 category. - How long can I wait before starting?
L-1A status is limited to seven years. We recommend beginning the EB-1C case no later than the start of the fifth year, and earlier for those born in India or China. - Our U.S. company is small. Can it qualify?
Yes, but the petition must show that the company has enough staff, or enough contractors and affiliated employees abroad, to relieve you of non-managerial work. - What if I change positions or the company is sold?
The petition is for a specific employer and position. A corporate restructuring or sale can end the qualifying relationship. Please contact us before any such change.
SUPPORT DOCUMENTATION FOR EB-1C PETITION
CORPORATE (U.S. employer and foreign employer):
- Certificate and Articles of Incorporation, share certificates and stock ledger for the U.S. employer;
- Incorporation documents and evidence of ownership for the foreign employer, and a chart showing how the two are related;
- Federal income tax returns, annual reports and/or audited financial statements for the U.S. employer, and financial statements for the foreign employer;
- Evidence that the U.S. employer has been doing business for at least one year: invoices, contracts, bank statements, payroll records, lease;
- Organizational charts for both companies showing the foreign national’s position, with the name, title, duties, education and salary of each person he or she supervises or supervised;
- A detailed description of the foreign position and of the U.S. position, with the percentage of time spent on each duty;
- Quarterly wage reports and Forms W-2 for the U.S. employer’s staff; and
- Full name and title of the company’s contact person and authorized signatory.
INDIVIDUAL (Foreign national):
- Completed General Immigration Questionnaire;
- Photocopies of passport, visa and Form I-94 for the individual and each family member;
- Photocopies of all Forms I-797 Notice of Action;
- Resume or curriculum vitae;
- Diplomas and transcripts;
- Payroll records or tax documents showing at least one year of employment with the foreign employer; and
- Marriage certificate and birth certificates for the individual and each family member.
English translations must be provided for any foreign language documents.
