Managers and Executive Transferees(EB-1C)

To qualify for an EB-1C visa, the petitioning U.S. employer and the foreign employer must meet specific requirements. These requirements fall into two general categories:

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1. Petitioner Requirements (U.S. Employer)

A qualifying relationship must exist between the foreign employer and the U.S. petitioning company. The U.S. employer must have been doing business for at least one year before filing the petition. The qualifying relationships include:

a. Subsidiary and Parent Relationship

A U.S. employer is considered a subsidiary or parent of the foreign company if it:

• Owns more than 50% of the entity and exercises control.

• Owns exactly 50% of the entity and retains control.

• Owns 50% of a 50-50 joint venture and has equal control, including veto power.

• Owns less than 50% but still exercises control over the entity.

 

b. Affiliate Relationship

A U.S. employer qualifies as an affiliate if:

• It is one of two subsidiaries that are both owned or controlled by the same parent entity.

• It is a foreign partnership organized outside the U.S. that provides services (e.g., accounting, consulting) under an internationally recognized name, and it is owned/controlled by member firms, partnerships, or similar entities outside the U.S.

 

c. Branch Offices and Nonimmigrant Petitions

• Branch offices generally cannot independently file EB-1C petitions.

• A sole proprietorship cannot file an EB-1C petition on behalf of its noncitizen owner.

• However, a corporation, which is legally separate from its owners and shareholders, may file a petition for its owner or an employee.

 

d. Doing Business Requirement

• The foreign company must continue to conduct business throughout the EB-1C petition process.

• The U.S. employer must have been actively doing business for at least one year before filing the petition.

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2. Executive or Managerial Requirements (Beneficiary)

The EB-1C visa is intended for individuals in executive or managerial roles. The petitioning company must demonstrate that the beneficiary has been working in such a capacity for at least one continuous year within the last three years before transferring to the U.S.

a. Managerial Capacity

The manager must primarily engage in:

• Personnel Management:

  • Managing an organization, department, subdivision, function, or key component.

  • Supervising and directing the work of other professional employees.

  • Exercising discretion over daily operational activities.

• Function Management:

  • Managing an essential function within the organization rather than directly supervising employees.

  • Functioning at a senior level within the company's hierarchy.

 

b. Executive Capacity

To qualify as an executive, the individual must:

• Direct the overall management of the organization or a major part of it.

• Establish company goals, policies, and strategies.

• Receive only general supervision from higher-level executives, the board of directors, or major shareholders.

 

c. Proving Managerial and Executive Status

• The petitioner must submit clear evidence demonstrating that the company requires the individual’s executive or managerial skills.

• Documents such as organizational charts, job descriptions, payroll records, and company reports should be included as evidence.

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Notes:

• The EB-1C category is a direct path to permanent residency (Green Card) without requiring PERM labor certification.

• The beneficiary must continue working in a managerial or executive capacity in the U.S.

• If the petition is denied, options may include filing a motion to reconsider, appealing, or reapplying with additional evidence.

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