REQUIREMENTSEB-1C Intra company Manager or Executive Transferee
QUALIFYING RELATIONSHIP
TIME
QUALIFYING ORANISATIONS
WHERE:
- Doing business means the regular, systematic, and continuous provision of goods and/or services.
- Executive capacity means the employee’s ability to make decisions without much oversight.
- Managerial capacity means the ability of the employee to supervise the work of professional employees and to manage the organization, a subdivision, or a function of the organization.
NOTE:
Unlike the L-1B non-immigrant visa, a year or more in a position of specialized knowledge does not qualify the applicant for the EB-1C visa; the EB-1C visa requires the employee to have one year or more of performance in either an executive or managerial position.
The employer must be able to demonstrate a continuing ability to pay the offered wage as of the priority date. Immigrant visas are subject to numerical restrictions dependent on nationality.
PROCESS & TIMELINE
OVERVIEW
On average, it takes 4 – 12 weeks for Bay Immigration Law to prepare an EB-1C case to file with United States Citizenship and Immigration Services, and some additional time to help prepare for the visa interview at a U.S. Embassy or Consulate abroad.
Depending on the particulars of your situation, in general, the process is as follows:
INTRODUCTION
We have an introductory phone call and go over your plans, requirements, and the documentation/ information that will be necessary to proceed.
We send out an Engagement Letter establishing the Attorney-Client Privileged relationship, and outlining the legal and government costs for the preparation and filing of the case.
Once the Engagement Letter has been returned to us, we will make a formal request for documentation and information to begin preparation of the case.
STEPS FOR SUCCESS
We will take the necessary steps to ensure that you have or can provide the necessary documentation to establish the appropriate petitioner (your company) is transferring a qualified employee to an existing business for the case.
CONTINUED COMMUNICATION
On a continuing basis we work with you to collect the information and documentation to fulfill the submission requirements for the Forms, Letter of Support and Packet.
ON COMPLETION
Once everything is complete, we finalize the packet and ship it to USCIS. We will also send a copy to you directly. If you are attending a Consular Interview, we will walk you through the process of booking a Consular Interview, and will prepare you for the interview prior to the interview.
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FAQ
Yes, once you obtain permanent residence, your status as a Legal Permanent Resident allows you to work for any employer.
Yes, any person can start a business in the U.S. without regard to immigration status, however, only persons with proper authorization to work in the U.S. can be employed by that business.
The transferring employee may bring a spouse and any unmarried dependent children under the age of 21, upon approval of their EB-1C visa application. A legal permanent resident may petition for certain other relatives for family-based immigration classifications.
Upon adjustment of status as permanent residents, spouses and dependents are permitted to work without any further immigration restrictions.
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