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EB1C Multinational Executives or Managers
Overview
This immigrant visa category is designed to facilitate international transfer of executive or managerial personnel within multinational companies. The purpose of the EB-1(c) visa is to allow international companies to transfer business practices and commercial knowhow.
Advantage
- Multinational Executives and Managers are exempt from the PERM labor certification requirement.
- EB1C may be a good alternative to the so-called “million dollar” EB5 investment green card.
Services We Provide
We represent multinational executives and managers who are “starting-up” business operations in the U.S. for foreign corporations as well those being transferred to the U.S. by large foreign corporations. Typically multinational executives and managers are admitted to the U.S. using L-1A visas. Please contact us for a free evaluation by sending an email to This email address is being protected from spambots. You need JavaScript enabled to view it..
The usual progression from EB1C Multinational Executives or Managers to Green Card
Please click here to see a flowchart demonstration of the process from the beginning to receiving a Green Card.
Read More about EB1C Multinational Executives or Managers
Main Qualifying Criteria
The requirements outlined under INA 203(b)(1)(C) can be divided into several parts:
First, there must be a qualifying relationship between the prospective U.S. Company and the foreign organization that employed the beneficiary abroad. Second, the U.S. Company must have been doing business for at least one year. Third, the petitioner must also demonstrate the U.S. Company’s ability to pay the beneficiary’s proffered wage. Fourth, the beneficiary must have been employed abroad for at least one year by a qualifying organization in the 3 years prior to coming to U.S. Finally, the beneficiary’s services must have been and must continue to be in a managerial or executive capacity.
To qualify as an executive, a person must:
- Direct the management of the organization or a major component or function of the organization;
- Establish the goals and policies of the organization, component or function;
- Exercise wide latitude in discretionary decision making; and
- Receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
To qualify as a manager, a person must:
- Manage the organization, or a department, subdivision, function, or component of the organization;
- Supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- Have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
- Exercise direction over the day to day operations of the activity or function over which the worker has authority.
EB1C related resources
The USCIS Administrative Appeals Office (AAO) has jurisdiction over the appeals from decisions on most immigration petitions and applications that are entered by USCIS regional service centers and district offices.
The AAO produces appellate decisions that provide guidance to applicants, petitioners, practitioners and government officials in the correct interpretation of immigration law.
Click here to see a collection of AAO non-precedent decisions issued in 2015
Click here to see a collection of AAO non-precedent decisions issued in 2014
Click here to see a collection of AAO non-precedent decisions issued in 2013
EB1B Outstanding Professor or Researcher
Overview
Outstanding professor/researcher (EB-1B) is an achievement-based opportunity for a green card. This category is for professors and researchers who are recognized internationally as outstanding in his or her academic field.
Advantage
- No Labor Certification Required. This classification is critical for people who wish to bypass the lengthy labor certification process. Extraordinary Ability petitions take anywhere from one month to about eight months to get approved.
- EB-1 (employment-based 1st preference) quota is not backlogged. This is important to people from countries such as China and India.
Services We Provide
EB1 Outstanding Professor or Researcher is our specialty! We have been working on Outstanding Professor/Researcher cases for nearly two decades. The success rate for the past 16 years is 100%. Please contact us for a free evaluation by emailing your full CV to This email address is being protected from spambots. You need JavaScript enabled to view it..
The usual progression from EB1 Outstanding Professor or Researcher to Green Card
Please click here to see a flowchart demonstration of the process from the beginning to receiving a Green Card.
Read more about EB1 Outstanding Professor or Researcher
Could EB1 Extraordinary Ability Work for You?
- Do you hold a tenure-track faculty position or have a permanent job offer?
- Has your employee agreed to sponsor you?
- Do you have three years of experience in teaching or research in the academic area? (TA or RA experience can be counted while working on advanced degree if degree is acquired, and if the person had full responsibility for the class taught or if the research has been recognized as outstanding in the academic field)?
- Are you internationally recognized as "outstanding" in a specific academic field?
Interpreting "Internationally recognized as outstanding”
Evidence that the professor or researcher is recognized as outstanding in the academic field must include at least two of the following:
- Receipt of major prizes or awards for outstanding achievement;
- Membership in an association which requires outstanding achievement;
- Published material in professional publications written by others about the applicant’s work
- Evidence of the person’s participation as a judge of the work of others;
- Evidence of original scientific research;
- Authorship of scholarly books or articles in the field.
Additional Notes
- This category requires a "permanent" job offer. In other words, a visiting professor, or a postdoctoral researcher, or students would not be able to use this category
- This category has to be "sponsored" by the employer. It cannot be self-petitioned
- Timing of application: worker can apply as soon as job offer is received. There is no need to first wait for H1B approval.
The Typical Documents Needed for EB1 Outstanding Professor or Researcher
- Copy of contract between university (company) and alien (offer letter)
- Letter(s) documenting at least 3 years experience in teaching or research in the field
- CV including updated Publications List
- Copy of published journal articles or book chapters
- Entries in citation indexes
- Documentation of peer-reviewed presentations
- Documentation of award/prize/grant received
- Evidence of media coverage of your work
- Evidence of invitations you may have received to participate in conferences, to submit papers or to review work of other scientists, including documentation of participation as a reviewer, judge, on a panel or individually of work of others in the same field
- Information on elected/nominated professional membership
- Support letters
EB1A Extraordinary Ability Alien
Overview
The EB-1 extraordinary ability classification is for people who are recognized as being at the very top of their field of business, science, arts, education or athletics and who are coming to the United States to continue work in that field. Their achievements must have been recognized in the field through extensive documentation.
Advantage
- Freedom. It is not necessary for the applicant to have a permanent job offer. If the applicant is employed, the employer does not need to get involved, since the applicant can self sponsor based on his education, experience and achievements. As result, the applicant does not have to stay with the same employer while going through the green card process.
- No Labor Certification Required. This classification is critical for people who wish to bypass the lengthy labor certification process. Extraordinary Ability petitions take anywhere from one month to about eight months to get approved.
Services We Provide
EB1 Extraordinary Ability is our specialty! We have been working on Extraordinary Ability cases for nearly two decades. The success rate for the past 16 years is over 92%. Please contact us for a free evaluation by emailing your full CV to This email address is being protected from spambots. You need JavaScript enabled to view it..
The usual progression from EB1 Extraordinary Ability to Green Card
Please click here to see a flowchart demonstration of the process from the beginning to receiving a Green Card.
Read More about EB1 Extraordinary Ability
Could EB1 Extraordinary Ability Work for You?
- Do you have extraordinary ability in business, science, arts, education or athletics?
- Do you possess sustained national or international acclaim in your field?
- Do you plan to work in the United States in your area of extraordinary ability?
Main Qualifying Criteria
To establish eligibility, you must demonstrate sustained national or international acclaim and that your achievements have been recognized in the field of expertise by showing: (1) that you have received a major internationally recognized award, similar to a Nobel Prize; or (2) that you meet at least three of the ten requirements listed below and all your evidence, when evaluated together, shows that you are among the small percentage of individuals that have risen to the very top of your field. If you have not received a major internationally recognized award, you must meet at least 3 of the 10 requirements below:
(1) receipt of lesser nationally or internationally recognized prizes or awards; (2) membership in an association in the field, which requires outstanding achievement of their members, as judged by recognized national or international experts; (3) published material about the person in professional or major trade publications or other major media; (4) participation as a judge of the work of others; (5) evidence of original scientific, scholastic, artistic, athletic or business-related contributions of major significance; (6) authorship of scholarly articles in the field; (7) artistic showcases or exhibitions; (8) performance in a leading or cultural role for organizations or establishments that have a distinguished reputation; (9) high salary or remuneration in relation to others in the field;(10) commercial success in the performing arts.
The typical Documents for EB1 Extraordinary Ability Petition
- Documentation of award or prize received
- Copies of published journal articles or book chapters; if possible, collect evidence to prove the ranking of the journal
- Evidence of citations of your articles
- Copies of documentation regarding any patents which you may hold
- Documentation of peer-reviewed presentations
- Evidence of invitations you may have received to participate in conferences, submit papers or to review work of other scientists, including documentation of participation as a reviewer, judge, on a panel or individually of work of others in the same field
- Evidence of media coverage of your work
- Information on elected/nominated professional membership
- Support letters
- Full CV and List of publications
- Other evidence that may help establish your "international/national acclaim”
Additional EB1 Extraordinary Ability Resources
- Kazarian v USCIS, 596 F.3d 1115 (9th Cir. 2010)
Dr. Kazarian, a theoretical physicist, originally filed a petition with the USCIS California Service Center in the EB1A Extraordinary Ability category. His petition was denied, so he sought to overturn the decision through a series of appeals. The attached decision from the Ninth Circuit Court introduced an addition to the USCIS adjudicator field manual that has had a profound impact on how USCIS evaluates certain employment-based immigrant visa petitions. - USCIS Policy Memorandum released on December 22, 2010: Evaluation of Evidence Submitted with Certain Form I-140 Petitions
- Recommendations to Improve the Quality in Extraordinary Ability and Other Employment-Based Petition, released on December 29, 2011
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