Multinational Executives and Managers [EB-1C]
There are 2 situations for an alien to immigrate under the EB-1C category. (1) if the alien is outside the U.S. at the time of application, s/he must have worked outside the U.S. in a managerial or executive capacity for at least one year in the preceding 3 years in the overseas firm or corporation, or other legal entity, or an affiliate, or parent, subsidiary or branch of a U.S. employer. He will continue to render service to the same employer or to subsidiary or affiliate thereof in a managerial or executive capacity. (2) If at the time of application the alien is currently in the United States and employed as a nonimmigrant by the petitioner or its parent, affiliate, or subsidiary, (this is usually the L-1A situation), s/he was employed for at least 1 year in the managerial or executive capacity within three years preceding the nonimmigrant entry (L-1 visa). Click L-1 Intracompany Transferees for more information.
Necessity of Employer/Petitioner. Petitioner must be U.S. employer doing business in the U.S. for at least one year and offering the alien an executive or managerial job. The employment abroad must be with the same employer or parent, affiliate, or subsidiary of the U.S. employer.
Supporting Evidence. Generally it need statement from the U.S. employer demonstrating the alien’s employment with overseas company for at least 1 year in the past 3 years, and that he is currently working or will work for the U.S. company, and the U.S. company has been doing business for at least 1 year. Other evidence such as required relationship between petitioner and foreign employer, such as stock certificate, printed annual report, or other document listing companies and their relationship; or separate statement by company executive, such as financial officer, attesting to knowledge of ownership of company or companies, preferably with copies of relevant pages in stock transfer ledger or equivalent record, evidence of petitioner’s ability to pay the alien’s salary, etc.
Labor Certification (LC). No LC approved by the Department of Labor is required.
L-1B alien performing the duty of specialized knowledge is not eligible for immigration under this category. They must apply for LC first.
Family Members (spouse/children). They, whether accompanying or following to join, have same priority date as principal applicant.