EB 1C Visa Explained

EB 1C Visa
Explained

What is EB 1C visa?

EB-1 Foreign nationals who demonstrate outstanding talent in their profession, whether the sciences, the arts, education, business, or athletics, can apply for a Visa, which is an employment-based green card. "Sustained national or international acclaim" is evidence that something is outstanding.

EB-1C Requirements for Multinational Executive or Manage

  • A manager or executive who has spent at least one of the previous three years outside the United States and wishes to return to the United States to continue working for the organization or business.

  • The employer must be a multinational corporation according to the definition.

  • The petitioner employer must be based in the United States and have been in operation for at least one year at the time of filing.

  • The candidate must intend to return to that same organization in the United States to complete their service.

Executives or Managers in Multinational Companies: On your behalf, your employer must complete Form I-140, Petition for Alien Worker. The employer must continuously demonstrate their ability to pay the provided wage in accordance with the priority date.

 

Proving the connection between the US-based operation and any international or foreign parent or related company is a crucial component. There are two primary techniques to demonstrate this:

  1. The first is that the other is owned by either American or foreign corporations (parent-subsidiary relationship).

  2. An affiliation is the second conceivable alternative, in which the same shareholders possess substantially identical holdings in both companies.
     

We can help you develop an immigration strategy that will increase your chances of demonstrating your eligibility.

During the EB-1c visa application procedure, there are two common challenges:

3. When the candidate is a senior executive and the company's owner.

4. Demonstrating if the position is truly management or executive.

Benefits of an EB-1C Green Card

The EB-1c visa is regarded as a highly attractive Green Card because of the following reasons:

  • The priority dates for EB-1 visas are "current," which means the wait time is likely to be much lower than for other Green Cards.

  • Going through the PERM process is also unnecessary (where the Department of Labor would need to establish that existing U.S.-based workers could fill the same position).

  • Under E-14 or E-15 immigrant status, the green card holder's spouse and any minor children may also be eligible for entry to the United States.

  • As a result, EB-1a visa applications are scrutinized closely, and they are among the most hardest to get visas.


As a result, EB-1a visa applications are scrutinized closely, and they are among the most hardest to get visas

EB-1C Qualifications

  • Winning honors or awards for excellence that are recognized nationally or internationally.

  • Membership in one or more associations that require exceptional success as a prerequisite for field membership.

  • Proof of content about the recipient that has been published in professional or large trade magazines, as well as other important media.

  • Proof of an invitation to judge the work of others, whether as an individual or as part of a group of experts.

  • Demonstration of significant original scientific, scholarly, or business contributions to the field.

  • Authorship of scholarly publications or essays in the field (in academic journals with international circulation).

  • Demonstrated success in a leadership or important function in a reputable organization.

  • Evidence of a high income (or other significantly higher remuneration) in comparison to others in the field.

  • Published content concerning the beneficiary's academic work in professional periodicals produced by others.

  • Contributions to original scientific or scholarly study in the field.

We usually suggest gathering references from 10 impartial experts who can verify the information by demonstrating that any publications or citations are relevant and meet the basic requirements. OnlineVisas has a lot of expertise locating relevant and trustworthy expert references for EB-1b petitions.

Source: USCIS

Green Card Process and Documentation

As the identified Form I-140 beneficiary, you must submit the following documentation and evidence to apply for an employment-based green card as an immigrant currently residing in the United States, according to USCIS:

  • Form I-485, Application to Register Permanent Residence or Adjust Status;

  • Form I-797, Approval or Receipt Notice for Form I-140, filed on your behalf (unless you are filing your Form I-485 and Form I-140 at the same time);

  • Form I-485 Supplement J (unless filing Form I-485 with Form I-140 or modifying status as an alien of outstanding ability), to indicate that the employment provided to you in Form I-140 is still a genuine job offer that you intend to take after your Form I-485 is approved;

  • Self-signed petitioner's statement of intent to engage in the vocational field described in

  • Form I-140;

  • Two passport-style pictures;

  • Government-issued identity document with photograph;

  • Birth certificate

  • Passport page with nonimmigrant visa;

  • Passport page with admission/parole stamp;

  • Form I-94, Arrival/Departure Record, or admission or parole stamp on the travel document from US Customs and Border Protection (CBP).

Show documentation of continuous lawful status (or an exemption under INA 245(k)) since arriving in the United States.
 

If your U.S. citizen or lawful permanent resident relative filed Form I-140, you'll need to fill out Form I-864, Affidavit of Support Under Section 213A of the INA. Or by a U.S. citizen relative with a 5 percent or more ownership interest in a for-profit corporation.) See the Instructions for Form I-864 for more details.

Note: A "Relative" is someone who is your husband, wife, father, mother, son, daughter, brother, or sister and is a U.S. citizen or lawful permanent resident.

  • Form I-693, Medical Examination and Vaccination Record (may be submitted with Form I-485, via mail, or at your in-person interview if requested);

  • Certified police/court documents, including a full criminal background check;

  • Application for Waiver of Grounds of Inadmissibility, Form I-601;

  • Application for Permission to Reapply for Admission to the United States After Deportation or Removal (Form I-212);

  • Nonimmigrant status paperwork for J-1 or J-2 (evidence of compliance or INA 212 2-year foreign residency waiver) (e). Application for Waiver of the Foreign Residence Requirement (Form I-612);

  • Request for Waiver of Rights, Privileges, Exemptions, and Immunities (Form I-508) (if for A, G, or E nonimmigrant status.)

  • Interagency Record of Request – A, G, or NATO Dependent, Form I-566

  • Change/Adjustment to/from A, G, or NATO Status (only for A, G, or NATO nonimmigrant status); and Employment Authorization or Change/Adjustment to/from A, G, or NATO Status (only for A, G, or NATO nonimmigrant status); and

  • "Adjustment of Status Under Section 245(i)" on Form I-485 Supplement A

Note: Unless you are exempt or qualified for a fee waiver, you must provide the right filing fee for each form. For additional information, see USCIS' Filing Fees and Fee Schedule.

National Interest Waiver 

An NIW is a condition that must be met before the PERM or Labor Certification procedure can begin. Individuals who can demonstrate that their expertise is in the national interest of the United States qualify for an NIW. Without the help of an employer, an EB-2 candidate can get an employment-based green card.

Qualification:

  • The proposed project is both worthwhile and significant in terms of national significance.

  • The project must be substantial and influential. National significance, on the other hand, does not necessitate a national extent.

  • Be in a good position to move the planned initiative forward.

  • Waiving the prerequisites for a job offer, and thus labor certification, would be beneficial to the United States.

Note: Employment-based, second-preference petitions for Permanent Employment Certification from the Department of Labor on ETA Form 9089 normally require an accepted application. Applicants can, however, obtain a waiver of this requirement by filing a National Interest Waiver petition.

Family:

An E-21 application is used by the legal spouse of an EB-2 green card holder to remain in the United States, whereas an E-22 application is used by minor children (unmarried, under 21).

During the process, the spouse may apply for an EAD (Employment Authorization Document) to work in the United States.

How Much Does a EB1 Visa Cost?

The fee for an EB-1 visa comes to $1,045: The USCIS filing fee for Form I-140 is $700, and the Department of State visa processing fee is $345.

How Can we Support You?

We will give a variety of foreign student resources and visa services to assist you in learning everything you need to know about studying in the United States, including exploring university options, degree options, and preparing for visa interviews.

Conclusion

I hope this information was useful. Complex immigration processing can be incredibly complicated and stressful for everyone. Before filing this application, you should seek legal advice from an experienced attorney.

Immigrationservice.com can assist you and will be there for you every step of the journey. Please contact us via phone or email.