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- Yes. Even though the EB-1C does not require a PERM Labor Certification, you need a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position.
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Apr 4, 2024 · The EB-1C visa applies to those foreign nationals with a job offer to have a manager and executive positions in the country. This is the third category of the preferred visa applications and is classified as a working visa.
To qualify for an EB1C visa, the EB1C visa beneficiary must have worked for the foreign company is a managerial or executive capacity. This is one of the most important requirements for an EB1C visa. USCIS wants to make sure that your job duties are primarily in a managerial or executive capacity. Managerial Capacity.
- EB-1C Frequently Asked Questions
- Qualifications
- Benefits
- Filing
- Consular Processing
- Processing Fees
- Priority Dates
- Denial
- How Visanation Law Group Can Help
Due to the number of questions, we will organize them into categories. You can skip to a specific section by clicking on the link associated with that group of questions.
Q. How do you qualify for an EB-1C green card?
The EB-1C is reserved for the multinational executives and managers of multinational companies with a branch in the U.S. To qualify, you must prove that your position meets the requirements and that you have been working in the company’s foreign branch for at least one year before filing your petition.
Q. How does the USCIS define an executive?
One of the main reasons for complications in the EB-1C processis failing to meet the position requirements. As a qualifying executive, you must oversee the company’s operation on a large scale. This means that you need to have the ability to make far-reaching decisions without substantial supervision. You must also supervise a team of managers.
Q. How does the USCIS define a manager?
On the other hand, a manager must supervise several employees’ work to qualify. This means having the ability to hire, fire, and control the salary of a team of subordinates. It would be best if you also determined the day-to-day activities of these employees. Many EB-1C complications arise when someone with a position, such as an individual account manager, attempts to apply. This position does not involve the supervision of a team, even though the title includes the word “manager.”
Q. Do I need a PERM Labor Certification to qualify?
One of the great benefits of the EB-1 category is that none of the green cards require a PERM Labor Certification. This bypasses a relatively tricky process that involves recruiting U.S. workers to fill your position, thereby reducing your processing time by at least several months.
Q. How often do I need to renew my EB-1C green card?
Your EB-1C will be valid for ten years. Afterward, you must file an I-90 Application to Replace Permanent Resident Card. This is a unique benefit because, for nonimmigrant visas, the applicant needs to file a new petition and essentially reapply for the visa. With the I-90, you ask the USCIS to send you a renewed green card without needing to meet the qualifications again. It’s important to note that although the green card itself may expire, its permanent residency status does not expire. If...
Q. How long will it take to get my green card?
Another benefit of the EB-1C is that almost all priority dates are usually current. You can go through consular processing or adjust your status once your I-140is approved. We will discuss this aspect of the processing time further in the “priority dates” section of this EB-1C FAQ.
Q. Do I need a job offer to qualify?
Yes. Even though the EB-1C does not require a PERM Labor Certification,you need a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position.
Q. Who is the petitioner for an EB-1C?
Your sponsoring employer is the acting petitioner in an EB-1C case. This employer must file the petition on your behalf. You cannot do this yourself. Only the EB-1A, EB-2 NIW, and EB-5 permitthe beneficiary to self-petition.
Q. Which forms do I need For The EB-1C?
To apply for the EB-1C, you will need the following: 1. I-140 Immigrant Petition for Alien Worker 2. I-485Application to Register Permanent Resident or Adjust Status (only if you adjust your status from within the U.S.) 3. DS-260Online Immigrant Visa Application (only if you are using consular processing)
Q. What does consular processing involve?
Consular processing involves making an appointment with a designated U.S. consulate or embassy, traveling to that embassy on the appointment date, and participating in a one-on-one interview with a consular officer before being granted your EB-1C. Consular processing can be a complex and time-consuming process. It’s essential to follow the instructions provided by the embassy or consulate, submit accurate and complete documentation, and prepare for the consular interview. Seeking guidance fro...
Q. Why would I need to go through consular processing?
Consular processing is mandatory for anyone petitioning while outside the U.S. If you are inside the country, you can use consular processing or adjust your status.
Q. Which route is better: adjustment of status or consular processing?
The answer to this question depends on your immigration situation. Consular processing may seem more complicated, but it can be the cheapest and fastest path. This is because adjusting your status takes an average of six months. On the other hand, your appointment for your consular interview may be scheduled in a matter of weeks. Consult your immigration attorney to determine which method best suits your particular case.
Q. What are the official fees for my EB-1C green card?
Here is a breakdown of the necessary fees associated with getting your EB-1C according to whether you choose adjustment of status or consular processing: If you are adjusting your status 1. Basic I-140 filing fee: $700 2. I-485 fee: $750-$1,140. This fee varies depending on your age. Check this chart provided by the USCIS to see what your fee will be. If you are using consular processing 1. Basic I-140 filing fee: 2. DS-260 fee: $230 3. Affidavit of Support fee (if applicable): $88 4. Biometr...
Q. How should I make these payments?
The I-140 and I-485 payments should be made as a money order or cashier’s check to the United States Citizenship and Immigration Services. It’s best to write each payment as a separate money order or check instead of combining them. This helps avoid confusion and possible delays in your petition’s processing time. Keep in mind that your petitioning employer must pay the I-140 fee. There could be severe consequences if the USCIS learns you paid this fee instead. The I-485 fee and DS-260 are yo...
Q. Is a refund possible?
The USCIS states that there are only three main situations in which they will issue a refund: 1. If an unnecessary form is requested that requires a fee 2. If a fee is asked for that is greater than what is stated on the USCIS website.] 3. If the USCIS fails to process a petition with premium processing in the 15 calendar day window. Because premium processing is unavailable for the EB-1C, you cannot gain a refund this way.
Q. How does the USCIS define a priority date?
Your priority date is the day the USCIS receives your I-140 petition.
Q. How can I tell when my priority date is considered current?
The Department of State releases a monthly visa bulletin that contains all of the most recent final action dates according to the type of green card and the beneficiary’s country of origin. When your priority date matches or passes the final action date in your section, the USCIS will consider your date as current, and a visa number will be available for you.
Q. Are the dates for the EB-1C current right now?
One of the significant benefits of the EB-1 category is that the final action dates are usually current for most countries. You can check the latest visa bulletinhere to see which countries, if any, have wait times.
Q. What are some common reasons for EB-1C denial or rejection?
Some of the main reasons that might result in your EB-1C being denied or rejected are: 1. Errors on your petition, such as missing, incomplete, inconsistent, or inaccurate information 2. Issues with fee payment 3. You have a criminal background or you have violated your immigration status in the past 4. Your position does not meet the requirements 5. Your qualifications are insufficient 6. Your employer does not meet the requirements
Q. What is the difference between rejection and denial?
Rejection occurs during the first phase of the two-pronged test. If you have an error on your petition or the fee was not paid correctly, your petition will be rejected before it moves onto the second stage. This issue is usually rectified by fixing the error and refiling the petition. Remember that the USCIS will not issue a refund for the first submission and must make a new payment. On the other hand, denial happens when the evaluating officer decides that you, your position, your employer...
Q. Is it possible to appeal the denial decision?
If the U.S. consulate or embassy denied your petition, then you will likely see a note on your denial letter stating that the decision cannot be appealed. However, if the USCIS denied you, it may be possible to appeal to a third party, the Administrative Appeals Office. It is important to note that the AAO usually upholds the evaluating officer’s decision unless a significant change in your evidence or circumstances is brought to light. Overall, appealing is a delicate procedure and should on...
All of these questions only serve to scratch the surface of what is involved with acquiring an EB-1C. When investing this much time, effort, and money, it’s always best to have an expert handle your case. Hiring an experienced immigration firm can help you avoid common pitfalls, optimize your immigration path, and deal with unexpected obstacles tha...
Nov 3, 2023 · Do I need a job offer to qualify? Yes. Even though the EB-1C does not require a PERM Labor Certification, you need a valid job offer from a multinational U.S. employer for a qualifying executive or managerial position. Who is the petitioner for an EB-1C? Your sponsoring employer is the acting petitioner in an EB-1C case.
Oct 31, 2022 · U.S. immigration law provides aliens with a variety of ways to become lawful permanent residents (get a Green Card) through employment in the United States. These employment-based (EB) “preference immigrant” categories include: First preference (EB-1) – priority workers.
Sep 25, 2024 · No, the EB-1C visa does not require labor certification. Labor certification is a process that typically involves proving that no qualified U.S. workers are available for the job, which can be time-consuming. The EB-1C visa bypasses this requirement, making it a more streamlined option for multinational executives and managers.
In this EB1C visa guide, we cover everything you need to know about the EB1C visa, including a thorough explanation of eb1c requirements, exactly which documents are needed to prove your eligibility, processing times, and associated costs.
