概述
The EB-1C is the green-card category for multinational executives and managers transferred to the United States by a qualifying multinational employer. For most beneficiaries it is the natural progression from L-1A: same qualifying-relationship architecture, same role definitions, but resulting in permanent residence rather than a temporary work status. The category is part of the EB-1 first-preference and generally enjoys faster priority dates than EB-2 or EB-3, which makes it valuable when the candidate's record qualifies.
Eligibility requires that the U.S. and foreign entities have a qualifying corporate relationship (parent, subsidiary, branch, or affiliate); that the beneficiary have been employed by the qualifying foreign entity for at least one full year in the three years preceding the U.S. transfer, in an executive or managerial capacity; and that the beneficiary will work in the United States in an executive or managerial capacity for the qualifying U.S. employer. Unlike EB-1A and EB-2 NIW, EB-1C does not permit self-petition: the U.S. employer must file the I-140.
Sophie Team handles EB-1C matters for groups ranging from multinational corporations with established U.S. operations to founder-led companies whose U.S. office is two or three years old. The cases that succeed are those where the qualifying-relationship documentation is solid, the role evidence shows actual managerial or executive substance (not a title and an org chart with one or two reports), and the U.S. operation is sufficiently mature to support the role. Cases that struggle are those where the beneficiary's role is more operational than managerial, where the U.S. office is small enough that USCIS questions whether a true managerial role exists, or where the qualifying relationship has changed since the L-1A was approved.
申請條件
- 01Executives and managers transferred to the United States on L-1A who have qualifying foreign employment with a multinational employer and a qualifying U.S. role to continue in.
- 02Executives and managers who never held L-1A but who meet the EB-1C requirements (one of three years in a qualifying foreign role, qualifying corporate relationship, qualifying U.S. role).
- 03Beneficiaries whose U.S. role has the actual substance of executive or managerial work: significant decision authority, scope of responsibility, and (typically) supervised personnel or function.
- 04Beneficiaries whose employer can document a qualifying corporate relationship through ownership, share registers, intercompany agreements, and operational evidence.
- 05Functional managers (those who manage a function or component of the organization rather than direct subordinates) where the function is substantial and the role meets the regulatory definition.
申請流程
- 01
Qualifying-relationship file
Like L-1A, the EB-1C rests on qualifying-relationship documentation: organizational charts at both the foreign and U.S. levels, share registers, intercompany agreements, and where needed, evidence of de facto control for affiliates. Where an employer already holds an approved L-1A petition for the beneficiary, much of this file can be reused; we audit and update it for the EB-1C filing rather than assuming nothing has changed.
- 02
Role and substance evidence
Adjudicators read EB-1C role evidence carefully because executive and managerial titles are easy to assign and harder to substantiate. We work with the employer to document the actual scope: decisions made, personnel or functions managed, budget and operational authority, place in the organization. For functional-manager cases, we focus on the function itself (what it is, how it operates, why managing it is a managerial role) rather than on personnel headcount.
- 03
I-140 filing
The U.S. employer files Form I-140 with the qualifying-relationship documentation, role evidence, prior foreign-employment documentation, and supporting financial and operational records for the U.S. entity. Premium processing is available for EB-1C. The petition is structured to anticipate the standard objections: insufficient managerial substance, inadequate U.S.-entity scale, and corporate-relationship questions.
- 04
I-485 or consular processing
Once the I-140 is approved and a visa number is available, the beneficiary adjusts status inside the United States or completes consular processing abroad. EB-1 priority dates are generally favorable but retrogress for India and mainland China; for those countries the wait between I-140 approval and visa availability can be material, and we plan around L-1A status maintenance and any necessary extensions during the wait.
- 05
Maintaining the qualifying employment
EB-1C requires that the qualifying employment relationship continue through I-140 approval and (where applicable) through I-485 adjudication. Material changes to the role, the qualifying relationship, or the corporate structure during this period can affect the case. Where a corporate transaction is contemplated, we coordinate with the employer's counsel to assess immigration-side impact before the transaction closes.
常見問題
How does EB-1C relate to L-1A?
EB-1C is the natural green-card progression from L-1A. The two categories share the qualifying-relationship architecture and the executive/managerial role definitions, so much of the L-1A documentation carries directly into the EB-1C filing. Many of our L-1A engagements are planned with EB-1C in mind from the start, both to coordinate timing against the L-1A seven-year cap and to ensure the role evidence is built consistently across both filings.
What counts as a "functional manager"?
A functional manager manages an essential function within the organization rather than supervising direct reports. The function must be substantial (not a single project), the manager must operate at a senior level within the organization, and the role must be primarily managerial rather than operational. Functional-manager cases are scrutinized; the documentation must describe the function in detail and demonstrate that managing it is genuinely managerial work rather than senior individual contribution.
How does USCIS evaluate small U.S. offices?
USCIS sometimes questions whether a small U.S. office can support a true executive or managerial role. The petition needs to show that the U.S. operation is mature enough to require executive or managerial direction, through revenue, personnel structure, contracts, customer base, or other operational evidence. New-office cases (where the U.S. entity is less than a year old) typically file at L-1A first and wait for the U.S. operation to mature before filing EB-1C.
Can I self-petition EB-1C?
No. Unlike EB-1A and EB-2 NIW, EB-1C requires that the U.S. employer file the I-140. The beneficiary cannot file on their own behalf, even where the beneficiary owns or controls the qualifying U.S. entity. Founder-owned cases require careful coordination between corporate counsel and immigration counsel, but the petition is still filed by the entity, not the individual.
What happens if my L-1A expires before EB-1C is approved?
L-1A has a hard seven-year cap, and unlike H-1B, an L-1A cannot be extended past seven years on the basis of a pending green-card process. Where the EB-1C is approved and the beneficiary has filed for adjustment of status (I-485), employment authorization based on the I-485 may bridge the gap. Where the I-485 is not available because of priority-date retrogression, options narrow and may include consular processing from abroad while maintaining qualifying foreign employment. Planning the timeline well before the seven-year boundary is essential.