EB-1C

The requirements for the petitioner as defined by the USCIS that the beneficiary (employee) must be employed abroad for one year (in last 3 years) by a “firm or corporation or other legal entity or an affiliate or subsidiary thereof” 

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General Requirements for the EB-1C Petitioner: The Employer

 

1.Qualifying relationship

This means there must be a relationship between the 2 companies, one within the united states, one outside of the united states, such as:

1) Parent-subsidiary company: parent company accounts for more than 51% of the shares of subsidiary company;

2)Affiliated affiliations: For example, third-party holding more than 50% of U.S. domestic and foreign companies.

3) Joint venture

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2.Doing business

The company must have been conducting business in the U.S. for at least one year prior to filing. “Doing business” is defined as regular, systematic, and continuous providing of goods or services.

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EB-1C Employee Requirements:

 

1.The alien employee must have worked abroad for the overseas company for a continuous period of one year within the three years immediately preceding his or her admission to the United States.

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2.The employee must have been employed abroad in an executive or managerial position, otherwise known as a “qualifying position.”

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3.The employee must be relocating to the U.S. to provide services in an executive or managerial capacity for a branch of the same employer or one of its qualifying organizations.

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What is considered a Executive position:

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Making decisions with wide latitude and without much oversight.

1) Managing the whole company, or the company's important components, institutions.

2) Setting organizational goals or policies.

3) Making decisions on major decisions of the company;

4) Only accept the general supervision of the company's top management, including the higher executives and the board of directors.

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What is considered a Managerial position:

Supervising and controlling the work of professional employees and to manage the organization, or a department, subdivision, function, or component of the organization.

1) Managing an organization, department, institution or part of an organization;

2) Supervising and controlling other supervisors, managers or professionals. Professionals listed in the Immigration Act include architects, engineers, lawyers, physicians, surgeons, and teachers from various educational institutions. Of course, it's not just about these professions.

3) Having the power to appoint and dismiss employees, or have the power to recommend personnel (for employees directly under their supervision), or manage a core department within the organization;

4) General management of day-to-day company affairs.