EB-1C Green Card for Multinational Managers and Executives

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Last Updated: July 2026

The EB-1C immigrant classification allows a qualifying U.S. employer to sponsor certain multinational managers and executives for lawful permanent residence.

EB-1C is often used by established multinational organizations and international businesses that have expanded into the United States. An owner of the U.S. or foreign business may potentially be the beneficiary, provided that a qualifying U.S. employer files the petition and all other requirements are satisfied.

EB-1C does not require PERM labor certification, a minimum investment, or proof that qualified U.S. workers are unavailable. However, the U.S. petitioner must document the multinational corporate structure, the beneficiary’s managerial or executive employment abroad, the permanent managerial or executive position in the United States, and the employer’s continuing ability to pay the offered wage.

EB-1C is frequently associated with L-1A status, but prior L-1A approval is not required and does not guarantee EB-1C approval. USCIS separately evaluates the EB-1C petition based on the requirements and evidence presented with Form I-140.

The principal EB-1C requirements are found in INA §203(b)(1)(C) and 8 C.F.R. §204.5(j). USCIS also addresses the classification in its Policy Manual guidance for multinational managers and executives.

What Are the EB-1C Requirements?

A qualifying EB-1C petition generally must establish that:

The U.S. petitioner has been doing business in the United States for at least one year;
The U.S. petitioner has a qualifying relationship with the beneficiary’s foreign employer;
The beneficiary completed at least one year of qualifying employment abroad during the applicable three-year period;
The employment abroad was in a managerial or executive capacity;
The beneficiary will be permanently employed in the United States in a primarily managerial or executive capacity;
The multinational organization continues doing business in the United States and at least one other country;
The U.S. employer has offered the beneficiary a permanent position; and
The U.S. employer has had the continuing ability to pay the offered wage from the priority date until the beneficiary obtains permanent residence.

No particular number of employees or direct reports is automatically required. USCIS evaluates the organization’s reasonable needs, the beneficiary’s actual duties and authority, the staffing structure, and whether other personnel relieve the beneficiary from primarily performing operational work.

Qualifying Relationship Between the U.S. and Foreign Companies

The U.S. petitioner and the beneficiary’s foreign employer must have a qualifying corporate relationship. Depending on the structure, the companies may qualify as a parent, subsidiary, affiliate, or the same legal entity operating through a foreign or U.S. branch.

The qualifying relationship must be supported by evidence of both ownership and control.

Ownership generally concerns the legal right to possess the assets of an entity. Control generally concerns the authority to direct the entity’s management and operations. Although ownership and control frequently exist together, they are separate considerations.

Parent and Subsidiary Relationships

A parent company may have a qualifying relationship with a subsidiary when the parent:

Owns more than half of the subsidiary and controls it;
Owns exactly half of the subsidiary and exercises control;
Owns 50 percent of a qualifying joint venture and has equal control and veto power; or
Owns less than half of the subsidiary but exercises actual control.

Minority ownership does not necessarily prevent a company from qualifying, but actual control should be carefully documented. Possession of the largest ownership interest may not establish control when other owners can combine to outvote the claimed parent.

Ownership may be direct or indirect. When holding companies or intermediate entities are involved, the petition should trace ownership and control through each level of the corporate structure.

Affiliate Relationships

Affiliate relationships may include:

Two subsidiaries owned and controlled by the same parent company;
Two businesses owned and controlled by the same individual;
Two businesses owned and controlled by the same group of individuals in approximately the same proportions; and
Certain internationally recognized accounting organizations operating under an approved structure.

Common ownership by the same people may not be sufficient when their ownership percentages differ substantially between the U.S. and foreign businesses.

Voting agreements, operating agreements, and other governing documents may help establish control, but they should be reviewed together with the actual equity ownership and management rights.

Branch Offices

A branch is generally an operating division or office of the same legal entity located in another country.

Because a branch ordinarily is not a separate legal entity, the petition should document the legal entity’s registration and authority to operate in each country.

Evidence may include foreign and U.S. registrations, tax records, business licenses, organizational documents, and financial statements identifying the branch operations.

Joint Ventures and Divided Ownership

Joint ventures and companies with divided ownership require careful review of both equity and control.

Relevant evidence may include:

Shareholder agreements;
Operating agreements;
Voting agreements;
Tie-breaking provisions;
Veto rights;
Authority to appoint or remove managers or directors;
Board composition;
Management agreements; and
Records showing who actually directs the businesses.

A statement that the companies are commonly owned or affiliated may not be sufficient. The petition should explain how the governing documents allocate control and how the companies operate in practice.

Evidence of Ownership and Control

Depending on the structure, evidence may include:

Articles of incorporation or organization;
Certificates of formation;
Stock certificates;
Stock ledgers;
Capitalization tables;
Shareholder agreements;
Partnership or operating agreements;
Annual reports;
Corporate tax returns;
Audited financial statements;
Securities filings;
Board resolutions;
Purchase agreements;
Capital-contribution records;
Wire transfers;
Foreign business registrations;
Business licenses; and
Organizational charts identifying the ultimate owners.

When the ownership structure includes multiple entities, the evidence should ordinarily document every step between the U.S. petitioner and the foreign employer.

U.S. and Foreign Doing Business Requirements

The U.S. petitioner must have been doing business in the United States for at least one year before filing the EB-1C petition.

There is no new-office exception to this requirement. A company that obtained an L-1A new-office approval must generally wait until the U.S. petitioner has actually been doing business for at least one year before filing an EB-1C petition.

The passage of one year after the company’s formation or registration is not enough by itself.

What Does “Doing Business” Mean?

Doing business generally means the regular, systematic, and continuous provision of goods or services by a qualifying organization.

The mere presence of an agent, office, mailing address, bank account, registration, or legal entity does not ordinarily establish that the company is doing business.

Evidence may include:

Customer contracts;
Invoices;
Bank statements;
Tax returns;
Payroll records;
Financial statements;
Sales records;
Purchase orders;
Vendor agreements;
Shipping records;
Business licenses;
Office leases;
Employee records; and
Evidence of goods delivered or services performed.

The evidence should show actual business activity rather than preparations for future operations.

Profitability Is Not Necessarily Required

A company does not necessarily need to be profitable to be doing business. Early-stage businesses frequently incur losses while hiring employees, developing products, obtaining customers, or expanding into the United States.

Continued losses may nevertheless create separate questions concerning:

Whether the business is genuinely operating;
Whether the business plan is credible;
Whether the company supports a permanent managerial or executive position; and
Whether the company has the continuing ability to pay the offered wage.

Business formation, market research, fundraising, lease negotiations, and planning activities alone may not establish the regular provision of goods or services.

Services Provided to Related Companies

A U.S. company may potentially be doing business by regularly providing services to related organizations.

For example, a U.S. entity may provide management, accounting, technology, logistics, sales, research, or administrative services within the multinational organization.

The petition should document:

The services provided;
The personnel performing the services;
The frequency and duration of the services;
Agreements between the related entities;
Payments or accounting records for the services;
The business purpose of the arrangement; and
The U.S. petitioner’s role within the multinational organization.

Continued Foreign Operations

The petitioner must be part of a multinational organization doing business in the United States and at least one other country.

Maintaining a foreign registration, bank account, mailing address, or nominal legal entity may not be sufficient if the organization is no longer regularly providing goods or services outside the United States.

Foreign-business evidence may include:

Tax returns;
Payroll records;
Employee rosters;
Customer contracts;
Invoices;
Bank statements;
Audited financial statements;
Business licenses;
Office leases;
Vendor records; and
Evidence of continuing goods or services.

Closing the original foreign employer may jeopardize EB-1C eligibility. If another qualifying foreign affiliate remains operational, the effect should be evaluated based on the complete corporate and employment history.

One Year of Managerial or Executive Employment Abroad

The beneficiary must have been employed outside the United States for at least one year in a managerial or executive capacity by the qualifying foreign organization.

Unlike the L-1 regulation, the EB-1C regulation does not expressly state that the qualifying year must be continuous. Gaps in employment, part-time arrangements, travel, transfers among related companies, and changes in ownership may nevertheless require careful analysis.

The foreign employment must have been managerial or executive. Employment abroad solely in a specialized knowledge, technical, sales, professional, or operational position generally does not satisfy the EB-1C foreign-employment requirement.

Determining the Applicable Three-Year Period

The applicable three-year period depends on whether the beneficiary is outside the United States or already working in the United States for the qualifying multinational organization.

If the beneficiary is outside the United States, the required year generally must have occurred during the three years immediately preceding the Form I-140 filing.

If the beneficiary is already working in the United States for the same employer, or a qualifying subsidiary or affiliate of the foreign employer, the required year generally must have occurred during the three years preceding entry as a nonimmigrant to work for the qualifying organization.

This distinction may allow a beneficiary to work for the U.S. organization for several years before the company files the EB-1C petition without necessarily losing the previously completed foreign-employment year.

Specialized Knowledge Employment Abroad

An employee may potentially qualify for L-1A classification after specialized knowledge employment abroad followed by a managerial or executive position in the United States.

That same employment history may not qualify for EB-1C.

For EB-1C, the qualifying foreign employment must itself have been managerial or executive. An employee who worked abroad exclusively as an engineer, salesperson, technical specialist, consultant, or other specialized knowledge employee generally cannot rely on that employment merely because the employee later became a U.S. manager.

Different Foreign and U.S. Positions

The foreign and U.S. positions do not need to be identical.

For example:

A foreign personnel manager may become a U.S. function manager;
A foreign executive may become a U.S. division manager;
A foreign function manager may become a U.S. personnel manager; or
A foreign manager may be promoted to an executive position.

Both positions must independently satisfy the managerial or executive requirements.

Evidence of Foreign Employment

Evidence may include:

Foreign payroll records;
Tax documents;
Social insurance records;
Employment agreements;
Pay statements;
Bank records showing salary payments;
Personnel records;
Promotion records;
Organizational charts;
Job descriptions for subordinate employees;
Degrees or credentials of professional subordinates;
Hiring and termination records;
Performance evaluations;
Board minutes;
Budgets;
Reports reviewed or approved by the beneficiary;
Business correspondence;
Travel records; and
Detailed letters from knowledgeable company officials.

The evidence should document both the employment relationship and the managerial or executive nature of the work. A general letter confirming dates and title may not be sufficient when objective records should reasonably be available.

Travel and Physical Employment Abroad

Because the requirement concerns employment outside the United States, the beneficiary’s travel and physical work locations may be relevant.

Frequent or extended periods in the United States should be identified and evaluated. The company should preserve passport records, travel histories, payroll records, and other documentation showing when and where the beneficiary performed the claimed foreign employment.

EB-1C Managerial Capacity

A beneficiary may qualify as either a personnel manager or a function manager.

A personnel manager generally manages supervisory, professional, or managerial employees. A function manager primarily manages an essential function of the organization and may qualify without directly supervising employees.

In either case, USCIS focuses on the beneficiary’s actual duties rather than the job title.

Personnel Managers

A personnel manager generally must:

Manage the organization or a department, subdivision, function, or component;
Supervise and control the work of supervisory, professional, or managerial employees;
Have authority to hire, terminate, promote, or recommend personnel actions; and
Exercise discretion over the daily operations of the activity under the manager’s authority.

A first-line supervisor generally does not qualify merely by supervising other employees. A first-line supervisor may qualify when the employees supervised are professionals.

The petition should document:

The duties performed by each subordinate;
The education ordinarily required for each position;
The employee’s actual educational credentials;
Whether each employee supervises others;
The organizational level of each position;
The beneficiary’s authority over the employees; and
How the employees relieve the beneficiary from operational work.

Professional Employees

Describing an employee as a professional does not necessarily make the position professional for immigration purposes.

The petitioner should generally establish that the position requires specialized knowledge normally associated with at least a bachelor’s degree in an appropriate field.

Evidence may include:

Detailed job descriptions;
Degree requirements;
Degrees or transcripts;
Professional licenses;
Recruitment materials;
Payroll records;
Employment agreements; and
An explanation of why professional education is required.

No Minimum Number of Subordinates

EB-1C does not require the beneficiary to supervise ten employees or any other fixed number.

The regulations provide that a person cannot qualify merely based on the number of employees supervised. USCIS must consider the organization’s reasonable needs, purpose, and stage of development.

A manager supervising three managerial or professional employees may present a stronger case than a first-line supervisor overseeing twenty employees performing routine operational work.

Although no fixed staffing number applies, a small staff may make it more difficult to demonstrate that the beneficiary is primarily performing managerial duties.

Function Managers

A function manager may qualify without directly supervising employees.

The beneficiary must manage an essential organizational function at a senior level. Potential examples include management of a global supply chain, product-development function, financial-compliance function, international sales strategy, quality-control program, or technology infrastructure.

USCIS generally evaluates whether:

The petitioner clearly defined the function;
The function is essential to the organization;
The beneficiary primarily manages rather than performs the function;
The beneficiary operates at a senior level within the organization or with respect to the function; and
The beneficiary exercises discretion over the function’s daily operations.

This framework is addressed in Matter of G- Inc., Adopted Decision 2017-05.

Managing Versus Performing a Function

The central question is frequently whether the beneficiary manages the function or personally performs its routine work.

For example, a beneficiary who personally contacts prospective customers, prepares routine proposals, negotiates ordinary sales, and manages individual accounts may be performing the sales function.

A qualifying sales function manager may instead establish sales strategy, approve regional targets, allocate budgets, select distribution channels, direct subordinate managers, approve significant pricing exceptions, and evaluate overall performance.

The petitioner should identify who performs the function’s operational work. Relevant support may include employees, contractors, shared-service personnel, or employees of qualifying related organizations.

Evidence Supporting Managerial Capacity

Evidence may include:

Detailed duties with reasonable time allocations;
Organizational charts;
Employee rosters;
Payroll records;
Subordinate job descriptions;
Degrees and professional licenses;
Hiring and termination records;
Performance evaluations;
Delegations of authority;
Budgets controlled by the beneficiary;
Policies established or approved by the beneficiary;
Reports submitted to the beneficiary;
Board minutes;
Strategic plans;
Contracts requiring the beneficiary’s approval;
Workflow charts; and
Records showing who performs operational duties.

The evidence should be consistent. USCIS may question a petition when organizational charts, payroll records, tax filings, and job descriptions present different staffing structures.

EB-1C Executive Capacity

A beneficiary may qualify as an executive if the beneficiary primarily:

Directs the management of the organization or a major component or function;
Establishes the organization’s goals and policies, or those of a major component or function;
Exercises wide latitude in discretionary decision-making; and
Receives only general supervision or direction from higher-level executives, the board, or the owners.

Executive capacity generally involves authority over the direction of the business rather than responsibility for routine operations.

Executive Titles Do Not Establish Eligibility

A title such as chief executive officer, president, managing director, vice president, or founder does not independently establish executive capacity.

USCIS may examine:

What decisions the beneficiary makes;
Whether those decisions affect the organization or a major component;
Who implements those decisions;
Who performs routine operational work;
The level of supervision received;
The beneficiary’s budgetary and personnel authority;
The staffing structure; and
How the beneficiary actually spends time.

An owner may have ultimate legal authority while still failing to qualify as an executive if the owner personally performs most of the work required to operate the business.

Executive Versus Operational Duties

Potential executive duties may include:

Establishing company-wide policies;
Setting strategic goals;
Approving annual budgets;
Directing senior managers;
Authorizing major investments;
Approving entry into new markets;
Evaluating divisions or departments;
Approving major contracts;
Directing expansion plans;
Appointing senior personnel; and
Reporting to the board or ownership group.

Potentially operational duties may include:

Contacting individual prospective customers;
Preparing routine proposals;
Providing services directly to clients;
Processing payroll;
Maintaining bookkeeping records;
Recruiting individual operational employees;
Managing routine customer accounts;
Performing technical work; and
Handling ordinary administrative matters.

Some operational involvement does not necessarily prevent approval. The petitioner must establish that the beneficiary primarily performs executive duties.

Executives in Smaller Organizations

A smaller organization may employ a qualifying executive. Company size is not independently determinative.

A small organization may nevertheless face greater scrutiny if its staffing suggests that the beneficiary must personally sell products, deliver services, perform technical work, manage routine accounting, or complete other operational duties.

The company should explain how employees, contractors, related-company personnel, technology, and other resources relieve the beneficiary from primarily performing that work.

Evidence Supporting Executive Capacity

Evidence may include:

Detailed executive duties;
Reasonable time allocations;
Organizational charts;
Payroll records;
Job descriptions for subordinate managers;
Board minutes;
Delegations of authority;
Budgets approved or controlled by the beneficiary;
Strategic plans;
Company policies;
Major contracts approved by the beneficiary;
Reports prepared for the beneficiary;
Records of expansion or investment decisions;
Performance evaluations of senior personnel;
Corporate resolutions; and
Records showing who performs routine operational work.

The evidence should demonstrate what the beneficiary directs, who carries out the decisions, and why the role operates at an executive level.

Permanent U.S. Managerial or Executive Job Offer

The U.S. petitioner must offer the beneficiary permanent employment in a managerial or executive capacity.

The position must be genuine and must exist when Form I-140 is filed. Permanent generally means intended to continue indefinitely rather than temporary, seasonal, or limited to a short-term assignment. It does not mean guaranteed lifetime employment.

EB-1C Is Not a Self-Petition

The U.S. employer must file Form I-140. The beneficiary cannot file personally.

This remains true when the beneficiary:

Founded the business;
Owns all or part of the petitioner;
Serves as president or chief executive officer;
Controls both the U.S. and foreign businesses; or
Personally financed the U.S. operation.

An owner may be the beneficiary, but the petition must be filed by a separate qualifying U.S. legal entity and must establish a genuine permanent job offer.

The Position Must Exist at Filing

The petitioner must establish eligibility on the Form I-140 filing date.

A business may expect to hire employees, create departments, increase revenue, or promote the beneficiary after filing. Those plans may provide context, but generally cannot replace evidence that the offered position already qualifies.

Filing may be premature if:

Planned employees have not been hired;
The beneficiary still performs most operational work;
The company has not developed the described departments;
The proposed function is not operating;
The claimed subordinates work for an unrelated company; or
The U.S. organization cannot yet support the position.

Offered Wage

The job offer should identify the wage the U.S. employer intends to pay.

EB-1C does not require a prevailing wage determination. However, the petitioner must establish the continuing ability to pay the offered wage from the priority date until the beneficiary obtains permanent residence.

A high offered wage may appear consistent with a senior position but can make the ability-to-pay requirement more difficult. A lower wage does not automatically defeat eligibility, but USCIS may consider whether the compensation is consistent with the claimed role and surrounding facts.

Ability to Pay the Offered Wage

The U.S. petitioner must demonstrate the continuing ability to pay the offered wage from the priority date until the beneficiary obtains lawful permanent residence.

Because EB-1C does not require labor certification, the priority date is generally the date USCIS receives the properly filed Form I-140.

Ability to pay is separate from managerial or executive eligibility. A strong multinational structure and qualifying position will not overcome a failure to establish this financial requirement.

Required Financial Evidence

The regulations generally require one or more of the following:

Federal tax returns;
Audited financial statements; or
Annual reports.

USCIS may also consider:

Payroll records;
Forms W-2;
Quarterly payroll tax returns;
Profit-and-loss statements;
Bank statements;
Personnel records;
Balance sheets;
Capital-contribution records;
Business contracts;
Invoices; and
Other financial evidence.

If the petitioner employs 100 or more workers, USCIS may accept a statement from a financial officer establishing ability to pay, although USCIS may request additional documentation.

USCIS explains its analysis in the Policy Manual chapter concerning ability to pay.

Wages Actually Paid

When the beneficiary already works for the petitioner, wages actually paid may provide the most direct evidence.

If the petitioner paid an amount equal to or greater than the offered wage, payroll and tax records may establish ability to pay for that period.

If the petitioner paid less, USCIS may evaluate whether net income or net current assets covered the difference.

For example, if the offered wage is $150,000 and the petitioner paid $120,000, the petitioner may need to establish the ability to pay the remaining $30,000 for that year.

Net Income

USCIS may evaluate whether net income was equal to or greater than the offered wage or any remaining difference.

Net income is not the same as gross revenue, gross receipts, cash flow, or the company’s bank balance.

The relevant tax-return figure depends on the petitioner’s legal structure. The analysis should therefore be coordinated with the company’s accountant or tax professional.

Net Current Assets

USCIS may also evaluate whether net current assets were sufficient to cover the offered wage or remaining difference.

Net current assets generally means current assets minus current liabilities. It is not the same as total assets, cash, equity, or retained earnings.

Totality of the Circumstances

When wages paid, net income, or net current assets do not independently establish ability to pay, USCIS may consider the company’s overall financial circumstances.

Relevant considerations may include:

The company’s history;
Years in business;
Growth in revenue or personnel;
Number of employees;
Business reputation;
Nature of the business;
Reason for a temporary loss;
Significant contracts;
Recurring revenue;
Capitalization;
Compensation paid to owners or officers; and
Unusual or uncharacteristic business events.

A totality argument should be supported by objective records. Future projections alone may not be sufficient.

Early-Stage Companies

Ability to pay can be particularly difficult for an early-stage U.S. company with limited revenue, startup losses, significant capital expenditures, or irregular cash flow.

Potential supporting evidence may include:

Wages already paid;
Capital contributions;
Audited financial statements;
Executed customer contracts;
Recurring revenue;
Available credit;
Parent-company support;
Officer-compensation decisions;
Explanations of startup expenses; and
Evidence that a reported loss resulted from an unusual event.

Not every parent-company commitment or future funding promise will be treated as funds of the U.S. petitioner.

Owners and Different Forms of Compensation

An owner may receive wages, bonuses, dividends, shareholder distributions, guaranteed payments, loan repayments, reimbursements, or other transfers.

USCIS may not treat every payment as wages toward the offered salary.

The petition should distinguish compensation for services from investment returns, loan repayments, expense reimbursements, capital withdrawals, and other transfers.

The company should not assume that shareholder distributions automatically substitute for wages shown on Form W-2.

Multiple Sponsored Employees

When a company has filed immigrant petitions for multiple employees, USCIS may require it to demonstrate the ability to pay the combined offered wages of all relevant sponsored workers.

The company should maintain a schedule identifying each beneficiary, priority date, offered wage, wages paid, petition status, and whether the beneficiary obtained permanent residence or left the company.

Continuing Requirement

Ability to pay does not end when USCIS approves Form I-140. The obligation continues until the beneficiary obtains permanent residence.

The petitioner should preserve financial and payroll records throughout the process.

EB-1C for Business Owners and Entrepreneurs

A business owner may potentially qualify when a qualifying U.S. company files the petition and all requirements are satisfied.

EB-1C is not limited to large publicly traded corporations. Closely held companies, family-owned businesses, international startups, and companies controlled by the beneficiary may qualify.

Ownership by itself does not establish eligibility.

Not an Investment-Based Classification

EB-1C does not require a particular investment amount, creation of ten jobs, or proof that personal funds were placed at risk.

Investing in a U.S. business does not independently create EB-1C eligibility.

An owner who invests substantial funds but personally performs the company’s sales, technical, production, or customer-service work may not qualify as a manager or executive.

Separate Legal Entity

A corporation or limited liability company may generally be legally separate from its owner and may potentially file Form I-140 on the owner’s behalf.

A sole proprietorship ordinarily is not separate from the proprietor and generally cannot file an employment-based petition for that owner.

Evidence of separate legal existence may include:

Formation documents;
Tax records;
Employer identification records;
Corporate governance documents;
Payroll records;
Business licenses;
Bank accounts; and
Records showing business operations separate from the owner.

E-2 Investors and EB-1C

An E-2 investor may potentially qualify without first changing to L-1A status.

E-2 approval does not establish:

A qualifying multinational relationship;
Managerial or executive employment abroad;
A qualifying U.S. position;
One year of U.S. business operations; or
Ability to pay.

Changing from E-2 to L-1A may sometimes be useful for work authorization, travel, or planning, but it is not a required step before EB-1C.

Maintaining the Foreign Business

Owners sometimes intend to move the entire foreign business to the United States after obtaining L-1A status.

That strategy may prevent EB-1C eligibility if the organization no longer conducts business outside the United States.

The foreign operation should remain a genuine business rather than a nominal entity maintained solely for immigration purposes.

New Investors and Business Partners

New investment may affect the ownership and control necessary to preserve the qualifying relationship.

Potentially significant events include:

Issuing new shares;
Admitting members;
Exercising stock options;
Converting debt to equity;
Transferring voting rights;
Entering new shareholder agreements;
Granting board-control rights;
Selling part of either business; and
Accepting venture-capital investment.

The immigration consequences should be reviewed before the transaction is completed whenever possible.

EB-1C Petition and Permanent-Residence Process

The EB-1C process generally involves two stages:

The U.S. employer files Form I-140 to establish EB-1C classification.
The beneficiary and qualifying family members apply for permanent residence through adjustment of status or immigrant visa processing.

Approval of Form I-140 does not itself grant permanent residence, immigration status, employment authorization, or travel permission.

Form I-140

The petition generally includes evidence concerning:

The qualifying corporate relationship;
U.S. and foreign business operations;
Foreign managerial or executive employment;
The permanent U.S. job offer;
The U.S. managerial or executive position;
Staffing and organizational structure; and
Ability to pay.

EB-1C does not require PERM labor certification, labor-market testing, or a prevailing wage determination.

Premium Processing

Premium processing is available for EB-1C Form I-140 petitions.

USCIS generally must take qualifying adjudicative action within 45 business days. That action may be approval, denial, a Request for Evidence, a Notice of Intent to Deny, or an investigation for fraud or misrepresentation.

Premium processing does not guarantee approval and does not expedite Form I-485, visa availability, National Visa Center processing, or an immigrant visa interview.

Current information is available on the USCIS premium-processing page.

Immigrant Visa Availability

EB-1C is part of the employment-based first preference and remains subject to annual numerical and per-country limits.

Visa availability may differ based on:

Country of chargeability;
Priority date;
Annual demand;
Retrogression; and
The chart USCIS permits adjustment applicants to use.

Country of chargeability is generally based on country of birth, although alternate chargeability through a spouse may sometimes be available.

The Department of State publishes monthly cutoff dates in the Visa Bulletin.

Adjustment of Status

A beneficiary physically present in the United States may potentially file Form I-485 if:

An immigrant visa is available;
The beneficiary is eligible to adjust;
The qualifying job offer remains available; and
No applicable inadmissibility ground or adjustment bar prevents approval.

Depending on visa availability, Form I-485 may sometimes be filed concurrently with Form I-140.

A pending Form I-485 does not independently authorize employment or travel.

Employment Authorization

An adjustment applicant may apply for an Employment Authorization Document through Form I-765.

Using adjustment-based employment authorization with another employer may affect maintenance of L-1 status, the continuing EB-1C job offer, and potential adjustment portability.

International Travel

Departing while Form I-485 is pending may cause the application to be treated as abandoned unless an exception applies or the applicant has appropriate advance parole.

Certain applicants maintaining H-1B, H-4, L-1, or L-2 status may travel without abandoning adjustment if they satisfy the applicable requirements.

For an L-1 beneficiary, those requirements generally include remaining eligible for L-1 status, returning to resume employment with the same employer, possessing a valid L visa when required, and carrying appropriate adjustment documentation.

Travel may still be affected by visa expiration, passport validity, unlawful presence, criminal history, misrepresentation concerns, changes in employment, admissibility issues, consular delays, and CBP inspection.

International travel should be reviewed before departure.

Adjustment Portability

Certain beneficiaries may change to a permanent job in the same or a similar occupational classification if:

Form I-140 is approved or ultimately approvable;
Form I-485 has been pending for at least 180 days; and
The new position satisfies the same-or-similar requirement.

A move from one managerial position to another is not automatically qualifying. USCIS may consider duties, occupational classifications, skills, wages, responsibility, industry, and career progression.

USCIS discusses these rules in its adjustment portability guidance.

Consular Processing

A beneficiary outside the United States, or one who will not adjust status, generally completes immigrant visa processing through a U.S. Embassy or Consulate.

After Form I-140 approval and when visa processing can proceed, the case generally moves through the National Visa Center.

The process may include:

Payment of fees;
Form DS-260;
Civil documents;
Police certificates;
A medical examination;
Updated employment evidence;
An immigrant visa interview; and
Review of admissibility.

The petitioner may need to provide updated evidence showing that the businesses remain operational, the qualifying relationship continues, the job remains available, and the petitioner continues to have the ability to pay.

Form I-140 approval does not guarantee immigrant visa issuance.

Spouses and Children

The beneficiary’s spouse and unmarried children under 21 may generally apply as derivative beneficiaries.

Families should evaluate Child Status Protection Act issues when a child is approaching age 21.

Common EB-1C Requests for Evidence and Reasons for Denial

EB-1C petitions frequently receive scrutiny concerning the foreign employment, U.S. position, corporate relationship, staffing, business operations, and ability to pay.

U.S. Managerial or Executive Capacity

Common concerns include:

Generic duties;
Limited U.S. staffing;
Few managerial or professional subordinates;
Organizational charts inconsistent with payroll;
Vacant positions shown as current employees;
The beneficiary personally providing services;
Insufficient evidence of decision-making authority; and
Failure to identify who performs operational work.

Foreign Managerial or Executive Capacity

USCIS may question the foreign position when:

The foreign organizational chart is incomplete;
Payroll records do not identify claimed subordinates;
The beneficiary supervised operational employees;
The beneficiary was also the owner;
The beneficiary performed sales or technical work;
The title changed shortly before transfer; or
The petition relies primarily on a company letter.

A qualifying U.S. position cannot cure nonqualifying foreign employment.

Function-Manager Claims

Function-manager petitions may be questioned when the company does not clearly identify:

The function;
Why it is essential;
The beneficiary’s senior level;
The decisions controlled by the beneficiary;
The personnel performing operational work; and
The distinction between managing and performing the function.

Qualifying Relationship

Common problems include:

Missing stock records;
Inconsistent ownership percentages;
Undocumented intermediate companies;
Voting rights that differ from equity ownership;
Ownership in different proportions;
New investors;
Stock transfers; and
Changes after the foreign employment.

Doing Business

A formation document, website, lease, or bank account may not establish actual business operations.

USCIS may request contracts, invoices, payroll, tax returns, customer records, bank activity, and evidence of goods or services.

Ability to Pay

Common problems include:

Relying on gross revenue;
Treating a bank balance as conclusive;
Confusing total assets with net current assets;
Submitting unaudited statements;
Failing to document wages paid;
Treating distributions as wages;
Relying on an owner’s personal assets;
Ignoring other sponsored employees; and
Relying on future revenue projections.

Inconsistencies With Prior Filings

USCIS may compare the EB-1C petition with earlier L-1, E-2, visa, adjustment, and employment records.

Potential inconsistencies include differing:

Ownership percentages;
Employment dates;
Job duties;
Numbers of subordinates;
Wages;
Business activities; and
Work locations.

Differences should be explained accurately rather than ignored.

Eligibility Must Exist at Filing

A petitioner may submit later evidence documenting facts that existed on the filing date. The company generally cannot become eligible after filing and use later developments to cure the original ineligibility.

Later hiring, reaching one year of business, creating the managed function, or establishing the corporate relationship may not cure a petition that was unqualified when filed.

Responding to an RFE or Denial

A response should identify each issue, explain the applicable facts, provide organized evidence, reconcile inconsistent records, and establish eligibility as of the filing date.

Options after denial may include:

Motion to reopen;
Motion to reconsider;
Appeal to the Administrative Appeals Office;
A new Form I-140;
Another immigrant classification; or
Federal court review where appropriate.

The appropriate option depends on the stated grounds, available evidence, visa availability, and the beneficiary’s underlying immigration status.

Maintaining Eligibility After Filing

A pending or approved Form I-140 may be affected by later changes involving ownership, the petitioner, foreign operations, staffing, duties, the job offer, or ability to pay.

Changes in Duties or Staffing

A change in title alone does not necessarily affect eligibility. The question is whether the permanent position remains primarily managerial or executive.

Layoffs or resignations may become significant if the beneficiary begins performing operational work previously handled by other employees.

The company should preserve updated job descriptions, organizational charts, payroll records, and evidence explaining material changes.

Continued Foreign Operations

Closure, sale, or reduction of the foreign operation may jeopardize the case.

Maintaining registration alone may not be sufficient when genuine foreign business operations cease.

Ownership Changes

Issuing shares, admitting members, converting debt, changing voting rights, granting board-control rights, or selling equity may affect the qualifying relationship.

A beneficiary may remain the largest shareholder while losing control.

Stock and Asset Transactions

A stock purchase may preserve the employing legal entity while changing the qualifying ownership relationship.

An asset purchase may create a new employer and raise questions concerning successor treatment, assumption of the job offer, ability to pay, and whether a new petition is required.

The purchase agreement and actual continuity of the business should be reviewed.

Withdrawal or Business Termination

Under current USCIS rules, withdrawal by the petitioner or termination of the petitioner’s business after an approved Form I-140 has remained approved for at least 180 days does not necessarily cause automatic revocation.

Preservation of the approval does not automatically grant permanent residence. The beneficiary may still need to establish adjustment portability, an available job offer, admissibility, and the remaining requirements.

Current information is available on the USCIS Form I-140 processing page.

EB-1C Compared With Other Immigration Options

EB-1C Compared With L-1A

Issue	L-1A	EB-1C
Classification	Temporary nonimmigrant	Lawful permanent residence
Petition	Form I-129	Form I-140
Corporate relationship	Required	Required
Foreign employment	Generally one continuous year in a qualifying capacity	At least one year in a managerial or executive capacity
New U.S. office	May qualify	U.S. petitioner must have done business for at least one year
U.S. position	Managerial or executive	Permanent managerial or executive
Ability to pay test	No separate Form I-140 test	Required
PERM	Not required	Not required
Maximum period	Generally seven years	Permanent residence
Prior L-1A required	Not applicable	No

Learn more about L-1 managers, executives, and new-office petitions.

EB-1C Compared With E-2

Issue	E-2	EB-1C
Purpose	Develop and direct a treaty business	Permanent multinational employment
Nationality	Treaty nationality required	No treaty nationality requirement
Investment	Substantial investment required	No minimum investment
Foreign employment	Not required	Managerial or executive year required
Foreign related business	Not required	Required
Permanent residence	Not directly provided	Immigrant classification
Ability to pay	No Form I-140 test	Required

Learn more about E-2 Treaty Investor visas.

EB-1C Compared With EB-5

Issue	EB-1C	EB-5
Primary basis	Multinational managerial or executive employment	Investment and job creation
Employer petition	Required	Investor generally files
Foreign employer	Required	Not required
Foreign managerial employment	Required	Not required
Minimum investment	No fixed minimum	Generally $1,050,000 or $800,000 in qualifying cases
Job creation	No fixed number	Generally ten qualifying full-time jobs
Ability to pay	Required	No offered-wage test
Conditional residence	No EB-5 conditions	Initial residence generally conditional
PERM	Not required	Not required

EB-1C may be preferable when the beneficiary has qualifying foreign employment, the multinational relationship continues, and the U.S. company supports a managerial or executive position.

EB-5 may be considered when the beneficiary lacks qualifying foreign employment or a related foreign business but has qualifying investment capital and can satisfy the source-of-funds and job-creation requirements.

Learn more about EB-5 Immigrant Investor permanent residence.

EB-1C Compared With PERM

A multinational employee who does not qualify for EB-1C may potentially pursue EB-2 or EB-3 through PERM labor certification.

PERM does not require foreign managerial employment or a multinational corporate relationship, but it generally requires labor-market recruitment and compliance with the approved job requirements.

Frequently Asked Questions About EB-1C

Do I need L-1A status?

No. A beneficiary may qualify without ever holding L-1A status.

Does L-1A approval guarantee EB-1C approval?

No. USCIS separately adjudicates Form I-140 under the EB-1C requirements.

Can an L-1B employee qualify?

Possibly, but the beneficiary must independently establish qualifying managerial or executive employment abroad and a permanent managerial or executive U.S. position.

Can an E-2 investor qualify?

Possibly. E-2 approval does not establish EB-1C eligibility, but an E-2 investor may qualify if every EB-1C requirement is independently satisfied.

Can an owner qualify?

Yes, potentially. A separate qualifying U.S. legal entity must file Form I-140.

Is EB-1C a self-petition?

No. A qualifying U.S. employer must file the petition.

Does EB-1C require ten employees?

No. There is no fixed number of required subordinates.

Can a function manager qualify without direct reports?

Yes, if the beneficiary manages an essential function at a senior level and is relieved from performing its operational work.

Does the beneficiary need a degree?

No specific degree is required.

Must the foreign and U.S. jobs be identical?

No. Both positions must independently qualify as managerial or executive.

Must the U.S. company operate for one year?

Yes. The U.S. petitioner generally must have actually been doing business for at least one year before filing.

Must the foreign company remain open?

The organization generally must continue doing business outside the United States. A nominal inactive entity may not qualify.

Is there a minimum investment?

No. The company must nevertheless be operational and able to pay the offered wage.

Does EB-1C require ten jobs?

No. That is an EB-5 requirement.

Is PERM required?

No.

Is there a required salary?

There is no EB-1C prevailing-wage requirement, but the petitioner must identify and demonstrate the ability to pay the offered wage.

Must the company be profitable?

Not necessarily. Losses may nevertheless create significant ability-to-pay and business-viability issues.

Is premium processing available?

Yes. The applicable premium-processing period is generally 45 business days for qualifying USCIS action.

Can Form I-140 and Form I-485 be filed together?

Possibly, when an immigrant visa is available and USCIS permits filing under the applicable chart.

How long does the process take?

There is no universal processing time. Timing depends on the petition, Requests for Evidence, visa availability, adjustment or consular processing, and case-specific issues.

Can I travel while Form I-485 is pending?

Possibly, but travel should be reviewed before departure. A pending adjustment application does not guarantee admission or prevent abandonment in every circumstance.

Can my family apply?

The beneficiary’s spouse and unmarried children under 21 may generally apply as derivative beneficiaries.

Can I change employers?

Adjustment portability may be available after Form I-485 has been pending for at least 180 days if the new permanent position is in the same or a similar occupational classification.

What if the company is sold?

The result depends on the structure of the transaction and its effect on the petitioner, corporate relationship, job offer, and ability to pay.

Is EB-1C permanent residence conditional?

EB-1C is not subject to the two-year investment conditions applicable to EB-5.

EB-1C Petition and Permanent-Residence Assistance

Myers Immigration Law assists businesses, managers, executives, owners, and entrepreneurs with matters including:

EB-1C eligibility analysis;
Personnel-manager and function-manager petitions;
Executive petitions;
Owner-beneficiary petitions;
Corporate ownership and control analysis;
L-1A to EB-1C planning;
E-2 to EB-1C planning;
Foreign-employment documentation;
Ability-to-pay analysis;
Form I-140 preparation;
Premium processing;
Requests for Evidence;
Notices of Intent to Deny or Revoke;
Administrative appeals and motions;
Adjustment-of-status planning;
Consular immigrant visa processing;
Adjustment portability;
Mergers and acquisitions;
Corporate reorganizations;
Continued foreign-operation issues; and
Alternative permanent-residence strategies.

Please contact Myers Immigration Law with case-specific questions at (210) 640-7424 or info@myersimmigration.com.

Related Resources

Important Notice

This page provides general information and does not constitute legal advice. EB-1C eligibility depends on the specific corporate structure, ownership and control, business operations, employment history, job duties, financial records, immigration history, visa availability, and agency policies applicable to each case.

Reviewing this page or contacting the firm does not by itself create an attorney-client relationship.

The above is informational and not intended to be legal advice. Please consult with an experienced business immigration attorney on your specific facts and circumstances before proceeding with any U.S. immigration strategy.