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Complete Guide to the EB-1C Visa
Employment-based visas are among the most common visas applied for in developed countries. This most sought-after visa comes with many strings attached and is classified into many categories, and has different requirements based on how you are applying. One such category is the EB-1C visa. This is just one of the many categories of visas you can apply to for underemployment reasons. But what exactly is EB-1C?
What is an EB-1C?
Employment-based visas in the United States are issued on a preference basis and divided into different categories. The EB-1C visa is the third category visa under the first preference of visa applications. This visa is normally issued to people who are currently working as managers or executives at a company that has any ties with the United States.
“Ties” implies that the company either is a subsidiary or has a subsidiary in the United States or has a branch in the country. If you wish to obtain a visa under the EB-1C category, you must work in the same business in the United States that you worked for abroad.
Like any other visas for entry into the United States, the EB-1C category too has some specific requirements that should be met by both the employee (also known as the applicant) and the employer. You are issued visas under this category only if both the employee and employer fulfill the following requirements.
The EB-1C visa is not applied to by you. Either your current employer or the employer you will work for in the future will petition with the USCIS on your behalf and make you the beneficiary of such proceedings. However, in order to petition, the employer must meet certain qualifications as follows:
- The employer must have been conducting business for at least one year in the US.
- The employer must have a credible relationship with the company and/or business you are associated with.
- The intention behind the visa must be to appoint you to a managerial or executive-level position in the United States.
Likewise, the employee requirements are as follows:
When your current or your future employer applies for your EB-1C type visa, you immediately become the beneficiary of the result of such petition. However, for you to claim your benefits, you must first have the following benefits:
- You must be employed outside of the United States for at least one of the past three years or,
- If you are already working for the US employer that will petition for you, you are required to have obtained the most recent non-immigrant admission.
- Under this visa, you can only be hired as a manager or executive of the company or business you wish to join.
- For the years you have worked abroad, you must have managerial or executive experience or should currently be beholding that post.
DOL labor certificate, also known as PERM Labour certificate, is not necessary if you choose to apply through this visa. While you’re in the US under the EB-1C visa, you are typically not allowed to change employers. However, you can change employers under the same profession if you fill out and submit form I – 140 and have it approved or if you applied through the form I-485 and it has been pending for more than six months.
EB-1C Required Documents
In order to prove that both the employee and the employer meet the required qualifications to apply for an EB-1C visa, there are certain documents required by both the employer and the employee as follows:
US Employer Documents
- Business license or articles of incorporation
- EIN application (form SS-4)
- Stock certificates
- Business location lease
- Bank statements to show initial investment
- Audited accounting reports
- Income tax filings from 3 years prior
- Corporate income tax return and quarterly report, if any
- Description of company business
- Commercial contracts, invoices, bills of lading, and letters of credit
- Several sheets of company letterheads that include company name, logo, and address.
- Organizational charts that show the employee structure, the applicant’s new position and the total number of current employees, and future planning for new employees.
- Pictures of the main office and its outside and inside if they are not available in the company brochure.
- Documents verifying the foreign affiliate.
The employee just needs to submit their resume, diploma, passport, Valid visa to the US, Employment verification letter, board resolution, or other business documents supporting the claim to transfer the employee. Any other documents that show the transferee’s ability to conduct business in the executive or managerial position.
EB-1C Green Card Process
A green card is issued to people that wish to take citizenship in the US. The process to take a green card under EB-1C process is in two ways:
- If the individual has been living in the US and their employer can submit a document claiming permanent employment, the employee can then apply for a green card under “adjustment of status” (AOS).
- If the individual is outside of the US, it is done through the US consulate. This process is not preferable because of the heavy scrutiny involved.
EB-1C Processing Time
Normally, it takes about eight months for a person to have their EB-1C visa approved. And once you submit your form I-140, the USCIS usually takes about 6 months of time to approve your permanent residency i.e, a green card to stay in the country.
However, this time will greatly vary due to your regional office’s caseload. Therefore, most people opt to utilize the premium processing route. With this option, one can easily shorten the decision time to just 15 working days. However, you should know that there is an additional government fee to use this facility. Keep in mind that this does not increase your chances of being approved in any way. It merely just shortens the time it takes to decide whether or not to approve.
There are various types of costs associated with EB-1C visa as follows:
1. I-140 form basic filing fee: this is $700 and is your employer’s responsibility to pay.
2. I-485 form basic filing fee: it varies as follows:
- a. For children below the age of 14 and filing with the parent, $750.
- b. If not filing with the parent, $1,140.
- c. If you are between the age of 14 and 78, it is $ 1, 225 including the mandatory biometric fee.
- d. Above 78 years old, $1,140 without the mandatory biometric fee.
- e. I-485 is free if you are a refugee.
3. A biometric fee is $85.
- Can I Stay More Than 6 Months Outside the U.S. with a Green Card?
- Green Card Process Steps: EB-1, EB-2, and EB-3 Visa
- SSN Update After Green Card
- How Long Does it Take for USCIS to Make a Decision After an Interview?
- Can You Be Deported if You are Married to an American Citizen?
- Which Countries Can You Visit With a Green Card?
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. Your employer applies on your behalf.