Updated Guide to the EB-1C U.S. Visa Petition in 2025: A Pathway for Multinational Executives and Managers

What is the EB-1C U.S. Visa?

The EB-1C is part of the Employment-Based First Preference (EB-1) category under U.S. immigration law. It is specifically designed for multinational executives and managers who are being transferred to a U.S. affiliate, subsidiary, parent, or branch of their foreign employer. This U.S. visa category facilitates the permanent relocation of high-level personnel, enabling companies to maintain continuity in leadership across borders.

Unlike other employment-based visas, the EB-1C does not require a PERM labor certification from the Department of Labor, which can save significant time and resources. Once approved, it leads to a green card, allowing the beneficiary and their qualifying family members (spouse and unmarried children under 21) to live and work permanently in the United States.

For fiscal year 2026 (which began on October 1, 2025), visa availability has reset, and the category is current for most countries, meaning no wait times for visa numbers outside of processing delays. However, applicants from India and China may face retrogression, with priority dates advancing to post-February 15, 2022, for India and post-November 15, 2022, for China.

Eligibility Criteria for EB-1C Petitions

To qualify for an EB-1C U.S. visa, both the petitioning U.S. employer and the beneficiary must meet strict requirements set by the U.S. Citizenship and Immigration Services (USCIS) immigration office. Here's a breakdown:

Petitioner (U.S. Employer) Requirements

• The U.S. entity must have been actively doing business (providing goods or services on a regular, systematic basis) for at least one year prior to filing.
• There must be a qualifying relationship with the foreign employer, such as parent- subsidiary, affiliate, or branch.
• The petitioner must demonstrate the ability to pay the offered wage, evidenced by annual reports, tax returns, or audited financial statements.
• The U.S. employer cannot be a sole proprietorship for self-petitions; it must be a separate legal entity.

Beneficiary Requirements

• Must have been employed abroad by the qualifying foreign entity for at least one year in the three years immediately preceding the petition (or the most recent U.S. admission if already working here).
• The foreign employment must have been in a managerial or executive capacity.
• Managerial Capacity: Includes personnel managers (supervising professionals or managers with hiring/firing authority) or function managers (overseeing an essential function at a senior level without direct staff supervision).
• Executive Capacity: Involves directing the management of the organization or a major component, setting policies, and exercising wide discretion with minimal oversight.
• The U.S. position must also be primarily managerial or executive, with evidence showing that day-to-day operational tasks are handled by subordinates or staff.

Recent USCIS policy clarifications, including adopted Administrative Appeals Office decisions, emphasize evaluating the "totality of evidence" for smaller organizations or non-traditional roles, such as function managers in startups.

The EB-1C Petition Process

The process begins with the U.S. employer filing Form I-140, Immigrant Petition for Alien Worker, with the USCIS immigration office. Key steps include:

• Preparation and Documentation: Gather evidence of eligibility, including organizational charts, job descriptions, proof of the qualifying relationship (e.g., stock certificates, financial records), and detailed letters outlining the beneficiary's roles abroad and in the U.S.
• Filing the I-140: Submit to USCIS with a filing fee of $715 (plus an Asylum Program Fee of $600 for most employers, reduced for small entities or nonprofits). Premium processing is available for $2,805, guaranteeing a decision within 15 calendar days (updated from the prior 45-day timeframe for EB-1C).
• USCIS Adjudication: Regular processing takes 6-12 months. If approved, proceed to adjustment of status (Form I-485) if in the U.S., or consular processing abroad. Concurrent filing of I-140 and I-485 is possible if the priority date is current.
• Post-Approval: Green card issuance follows approval, typically within 1-3 months. Total timeline: 12-18 months with premium processing, or 18-30 months without.

In January 2025, USCIS revised Form I-140 instructions and guidelines to clarify non-traditional pathways, such as those involving corporate restructurings or functional management roles, aiming to reduce ambiguities but maintaining high evidentiary standards. For official details, visit the USCIS EB-1 page.

Benefits of the EB-1C U.S. Visa

• Speed and Efficiency: No labor certification means faster processing compared to EB-2 or EB-3 categories.
• Family Inclusion: Spouses and children can apply for E-14/E-15 status.
• High Approval Rates: Around 94% in recent years, especially with strong documentation.
• No Per-Country Caps Impact for Most:Priority access to visa numbers in the EB-1 pool.

Common Challenges and How to Overcome Them

Despite its advantages, EB-1C petitions face increased scrutiny. USCIS has ramped up Requests for Evidence (RFEs) since 2023, often questioning managerial duties, the one-year abroad requirement, or entity relationships. Delays can arise from backlogs, security checks, or incomplete submissions.

To mitigate risks:

• Provide detailed, specific evidence rather than generic descriptions.
• Use premium processing for expedited review.
• Consult experienced immigration professionals to navigate complex cases, such as those involving startups or restructurings.

For the latest visa bulletin updates, check the Department of State Visa Bulletin.

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At Unilaw Global LLC, we specialize in providing top-tier visa petition drafting and comprehensive legal support services to attorneys across the U.S. and internationally. Our team of experts ensures precise, reliable documentation tailored to your firm's needs, helping you navigate the complexities of EB-1C U.S. visa petitions with confidence. Whether it's compiling evidence for managerial roles, verifying qualifying relationships, or responding to RFEs from the USCIS immigration office, we deliver high-quality assistance to streamline your cases and boost approval chances.

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