The EB-1-C immigrant visa category grants green cards to people who have worked for a qualifying company abroad and are permanently moved to a U.S. organization in a managing or executive role.

Although it does necessitate a U.S.-based employer (a petitioner), it is a technique that business owners all over the world commonly use. For those who meet the requirements, the EB-1-C Green Card offers a rather simple route to a Green Card in a preference category without a history of quota backlogs.

What are the requirements for an EB-1C visa category?

• There must be a qualifying relationship between the foreign company and the US company.
• The visa beneficiary must have worked for the foreign employer for at least 1 continuous year during the preceding 3 years prior to filing the EB1C visa petition.
• The visa beneficiary must have worked for the foreign company in a managerial or executive capacity.
• The visa beneficiary must have a full-time job offer to work for the US company in a managerial or executive capacity.
• The US company must have been doing business for at least 1 year prior to filing the EB1C petition.

What are the types of managers that qualify for an EB-1C visa?

1. For personnel managers, managerial capacity means that the EB-1C beneficiary primarily: 

• Manages and controls the work of other supervisory, professional, or managerial employees
• Supervises and controls the work of other supervisory, professional, or managerial employees
• Possesses the authority to hire and fire or recommend those types of personnel actions for the employees they directly supervise;
• Exercises discretion over the day-to-day operations of the activity or function that they have authority over.

2. Function managers may also qualify for the EB-1C category if the beneficiary will be primarily managing or directing the management of a function of an organization. A function manager should have the following characteristics: 

• Manages the organization, or a department, subdivision, function, or component of the organization; 
• Manages an essential function within the organization, or a department, or subdivision of the organization;
• Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employees have authority.

On the other hand, an “executive capacity” is defined as an assignment within an organization in which the employee primarily:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide attitude in discretionary decision-making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.