EB-1C Visa

What is an EB-1C visa?

The EB-1C visa is a type of immigrant visa that allows multinational companies to transfer their executives, managers, and specialized knowledge personnel to a U.S. affiliated company. The U.S. affiliated company does not have to be in the same industry as the multinational company. This visa is designed to facilitate the movement of key employees within multinational corporations to the United States.

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What is the difference between EB-1C visa and L-1A visa?

EB-1C visa VS L-1A visa?

The main difference between the EB-1C visa and the L-1A visa is their purpose and nature:

The EB-1C visa is an employment-based immigrant visa, which means it is intended for individuals who are seeking to become permanent residents in the U.S. based on employment.
It is specifically designed for multinational managers and executives who are transferring to a U.S. office of the same company or a subsidiary.
The EB-1C visa leads to permanent residency (green card) in the U.S.

L-1A Visa

The L-1A visa is a temporary nonimmigrant visa that allows multinational companies to transfer executives or managers from a foreign office to a U.S. office.
It is a temporary visa and does not lead directly to permanent residency.
L-1A visa holders can potentially transition to a permanent visa category, such as the EB-1C visa, if they meet the eligibility requirements.

In summary, the EB-1C visa is for permanent residency based on employment for multinational managers and executives, while the L-1A visa is a temporary visa for intracompany transfers of executives and managers.

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EB-1C Visa Requirements

In order for an individual to qualify for an EB-1C visa, they must hold a similar managerial or executive position at the U.S. affiliate of their company. It is also suggested that the company provide 15-20 or more American jobs and have professional employees working under the visa holder. Additionally, the U.S. company must have been in operation for at least one year.

EB-1C visa benefits

Industry irrelevant

Affiliated business abroad does not need to be in the same industry as the U.S. company.

Green Card for family

EB-1C beneficiary can obtain Green Card for themselves, their spouse, and their unmarried children under 21 years old.

No Labor Certification necessary

Approved Labor Certification is not required unlike many employment-based visa classifications.

Major Drawbacks of EB-1C visa

The EB-1C visa has some drawbacks, including:

1. Limited availability: The EB-1C visa category is subject to an annual cap, which means that there are a limited number of visas available each year. This can make it difficult for some applicants to secure a visa.

2. High standards: The EB-1C visa requires applicants to demonstrate that they have held a managerial or executive position in a foreign company for at least one year. This can be challenging for some applicants to prove.

3. Cost: The EB-1C visa application process can be expensive, with fees for filing the petition, obtaining legal representation, and other associated costs.

4. Lengthy processing times: The processing time for EB-1C visas can be lengthy, with some applicants waiting several months or even years for a decision on their application.

5. Requirement to maintain employment: Once granted an EB-1C visa, the visa holder must continue to work for the sponsoring employer in a managerial or executive position. This can limit the visa holder’s ability to change jobs or pursue other opportunities.