EB-1C offers executives and managers at multinational companies a fast path to green card—no labor certification, no backlog for most countries. Here's how it works and who qualifies.
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EB-1C is an employer-sponsored green card for multinational managers and executives. Unlike PERM-based green cards, EB-1C requires no labor certification and has no backlog for most countries. Requirements: you must have worked for the company's foreign affiliate for at least one year in the past three years and be transferring to the U.S. in a managerial or executive capacity. EB-1C is closely related to L-1A visa—many people use L-1A as a pathway to EB-1C.
No labor certification required: Skip the 1-2 year PERM process.
No backlog for most countries: Priority dates are current (except slight delays for India/China occasionally).
Employer-sponsored: Your U.S. company must petition for you.
One year abroad required: Must have worked for foreign affiliate for 1+ year in past 3 years.
Manager/executive definition is strict: Not all "managers" qualify—must manage managers or essential function.
L-1A is common pathway: Many use L-1A first, then file EB-1C.
No labor certification required: Skip the 1-2 year PERM process.
No backlog for most countries: Priority dates are current (except slight delays for India/China occasionally).
Employer-sponsored: Your U.S. company must petition for you.
One year abroad required: Must have worked for foreign affiliate for 1+ year in past 3 years.
Manager/executive definition is strict: Not all "managers" qualify—must manage managers or essential function.
L-1A is common pathway: Many use L-1A first, then file EB-1C.
Requirement 1: Multinational Company
The company must:
Have operations in both U.S. and at least one other country
Qualifying relationship between U.S. and foreign entities:
Parent-subsidiary
Affiliate
Branch
What qualifies:
Large multinationals (Google, Microsoft, etc.)
Smaller companies with genuine foreign operations
U.S. company that established foreign subsidiary
Foreign company that established U.S. subsidiary
What doesn't qualify:
U.S.-only company
Foreign-only company
Companies without genuine multinational structure
Requirement 2: One Year of Employment Abroad
You must have:
Worked for qualifying foreign entity
In managerial or executive capacity
For at least one continuous year
Within the three years before filing
This can be fulfilled:
Before coming to U.S. (most common)
By returning abroad for a year if you've been in U.S.
Working for foreign affiliate while on U.S. assignment doesn't count
Requirement 3: Managerial or Executive Capacity
This is the critical and most scrutinized requirement.
"Manager" under immigration law means:
Option A: Personnel Manager
Manages and controls the work of other supervisory, professional, or managerial employees
Has authority to hire/fire or recommend personnel actions
Exercises discretion over day-to-day operations
Option B: Function Manager
Manages an essential function of the organization
Has authority and responsibility for the function
Reports to senior management
"Executive" under immigration law means:
Directs management of organization or major component
Establishes goals and policies
Has wide latitude in discretionary decision-making
Receives only general supervision from higher executives/board
What doesn't qualify:
First-line supervisor of non-professional workers
"Manager" who only supervises low-level staff
Operational roles without true management authority
Factor | EB-1C | EB-1A | EB-1B |
Category | Multinational manager | Extraordinary ability | Outstanding researcher |
Self-petition? | No (employer files) | Yes | No (employer files) |
Labor certification? | No | No | No |
Key requirement | 1 year abroad + manager/exec role | Meet 3 of 10 criteria | International recognition in research |
Best for | Executives at multinationals | High achievers in any field | Academic researchers |
Backlog | Current (usually) | Current | Current |
Most common EB-1C pathway:
Step 1: L-1A Visa
Transfer to U.S. on L-1A (intracompany transferee, manager/executive)
Work in U.S. in manager/executive capacity
Already fulfill one-year abroad requirement (done before L-1A)
Step 2: File EB-1C
While on L-1A, employer files EB-1C petition
Same manager/executive criteria as L-1A
No labor certification needed
Step 3: Adjustment of Status
File I-485 when priority date is current (usually immediately)
Wait for green card processing
Continue working on L-1A while I-485 processes
Timeline:
L-1A: 3-6 months to approve
EB-1C + I-485: 12-18 months
Total: ~18-24 months from start to green card
Examples of qualifying positions:
Qualifying managers:
VP of Engineering managing 5 engineering managers
Director of Sales managing regional sales directors
Country Manager overseeing local office operations
Head of Product managing product management team
Qualifying function managers:
Chief Technology Officer (manages technology function)
General Counsel (manages legal function)
Chief Financial Officer (manages finance function)
Head of Research (manages R&D function)
Qualifying executives:
CEO, President, COO
Division President
Regional Executive
C-suite executives
Non-qualifying positions:
Manager who supervises 5 entry-level workers
Supervisor of non-professional staff
Individual contributor with "Senior" title
Manager in name only without actual authority
Issue 1: Not Truly Managerial
Problem: Your role supervises low-level employees, not managers/professionals.
Solution: Document supervisory structure. Who do you manage? Who do they manage? Show management of managers.
Issue 2: Company Too Small
Problem: Small company where you do everything (not just manage).
Solution: Document that your primary duties are managerial. Even in small companies, if you focus on management and have staff handling operations, you may qualify.
Issue 3: Foreign Entity Issues
Problem: Foreign entity isn't real, substantial, or properly related to U.S. entity.
Solution: Document foreign entity thoroughly—financials, employees, operations, ownership structure.
Issue 4: One-Year Requirement
Problem: Haven't completed full year abroad, or year wasn't in qualifying capacity.
Solution: Ensure you have full year of qualifying employment documented. If short, may need to return abroad or wait.
Can startup founders use EB-1C?
Potentially yes, if:
Startup has both U.S. and foreign operations
You worked at foreign affiliate for 1 year
U.S. role is truly managerial/executive
Challenges:
Small companies face more scrutiny
"Do you really manage, or do everything yourself?"
Must have staff to manage
Strategy:
Establish foreign entity first
Work there for 1+ year in manager/executive capacity
Grow U.S. entity to have management structure
File EB-1C once structure supports manager/executive role
Filing process:
Step 1: File I-140 (EB-1C petition)
Employer files
No labor certification needed
Premium processing available ($2,805, 15 days)
Step 2: Wait for priority date (usually current)
EB-1 is usually current for most countries
India may have slight delays occasionally
Step 3: File I-485 (adjustment of status)
Can often file concurrently with I-140
Or file after I-140 approved
Step 4: Green card approval
I-485 processing: 8-14 months typically
Biometrics, possible interview
Total timeline:
Fast track: 12-18 months
Standard: 18-24 months
Factor | L-1A | EB-1C |
Type | Non-immigrant visa | Green card |
Duration | 7 years max | Permanent |
Same criteria? | Yes (manager/executive) | Yes |
Labor certification? | No | No |
Premium processing? | Yes | Yes |
Best strategy | Use L-1A first | File EB-1C while on L-1A |
Company Structure Analysis: Evaluate whether your company's multinational structure qualifies.
Role Assessment: Analyze whether your position meets manager/executive definition.
One-Year Requirement Check: Verify you've fulfilled or can fulfill the foreign employment requirement.
Alternative Path Comparison: Compare EB-1C to EB-1A (if you qualify independently).
Path | Requires Employer? | Labor Cert? | Timeline | Best For |
EB-1C | Yes | No | 12-18 months | Multinational executives |
EB-1A | No | No | 12-18 months | Those meeting 3 criteria |
EB-2 NIW | No | No | 12-18 months (+ backlog) | National interest work |
EB-2 PERM | Yes | Yes | 3-4 years (+ backlog) | Employer willing to sponsor |
Are you an executive at a multinational company wondering if you qualify for EB-1C? Want to understand the manager/executive requirements?
Take the OpenSphere evaluation. You'll get EB-1C eligibility assessment and pathway recommendations.
Requirement 1: Multinational Company
The company must:
Have operations in both U.S. and at least one other country
Qualifying relationship between U.S. and foreign entities:
Parent-subsidiary
Affiliate
Branch
What qualifies:
Large multinationals (Google, Microsoft, etc.)
Smaller companies with genuine foreign operations
U.S. company that established foreign subsidiary
Foreign company that established U.S. subsidiary
What doesn't qualify:
U.S.-only company
Foreign-only company
Companies without genuine multinational structure
Requirement 2: One Year of Employment Abroad
You must have:
Worked for qualifying foreign entity
In managerial or executive capacity
For at least one continuous year
Within the three years before filing
This can be fulfilled:
Before coming to U.S. (most common)
By returning abroad for a year if you've been in U.S.
Working for foreign affiliate while on U.S. assignment doesn't count
Requirement 3: Managerial or Executive Capacity
This is the critical and most scrutinized requirement.
"Manager" under immigration law means:
Option A: Personnel Manager
Manages and controls the work of other supervisory, professional, or managerial employees
Has authority to hire/fire or recommend personnel actions
Exercises discretion over day-to-day operations
Option B: Function Manager
Manages an essential function of the organization
Has authority and responsibility for the function
Reports to senior management
"Executive" under immigration law means:
Directs management of organization or major component
Establishes goals and policies
Has wide latitude in discretionary decision-making
Receives only general supervision from higher executives/board
What doesn't qualify:
First-line supervisor of non-professional workers
"Manager" who only supervises low-level staff
Operational roles without true management authority
Factor | EB-1C | EB-1A | EB-1B |
Category | Multinational manager | Extraordinary ability | Outstanding researcher |
Self-petition? | No (employer files) | Yes | No (employer files) |
Labor certification? | No | No | No |
Key requirement | 1 year abroad + manager/exec role | Meet 3 of 10 criteria | International recognition in research |
Best for | Executives at multinationals | High achievers in any field | Academic researchers |
Backlog | Current (usually) | Current | Current |
Most common EB-1C pathway:
Step 1: L-1A Visa
Transfer to U.S. on L-1A (intracompany transferee, manager/executive)
Work in U.S. in manager/executive capacity
Already fulfill one-year abroad requirement (done before L-1A)
Step 2: File EB-1C
While on L-1A, employer files EB-1C petition
Same manager/executive criteria as L-1A
No labor certification needed
Step 3: Adjustment of Status
File I-485 when priority date is current (usually immediately)
Wait for green card processing
Continue working on L-1A while I-485 processes
Timeline:
L-1A: 3-6 months to approve
EB-1C + I-485: 12-18 months
Total: ~18-24 months from start to green card
Examples of qualifying positions:
Qualifying managers:
VP of Engineering managing 5 engineering managers
Director of Sales managing regional sales directors
Country Manager overseeing local office operations
Head of Product managing product management team
Qualifying function managers:
Chief Technology Officer (manages technology function)
General Counsel (manages legal function)
Chief Financial Officer (manages finance function)
Head of Research (manages R&D function)
Qualifying executives:
CEO, President, COO
Division President
Regional Executive
C-suite executives
Non-qualifying positions:
Manager who supervises 5 entry-level workers
Supervisor of non-professional staff
Individual contributor with "Senior" title
Manager in name only without actual authority
Issue 1: Not Truly Managerial
Problem: Your role supervises low-level employees, not managers/professionals.
Solution: Document supervisory structure. Who do you manage? Who do they manage? Show management of managers.
Issue 2: Company Too Small
Problem: Small company where you do everything (not just manage).
Solution: Document that your primary duties are managerial. Even in small companies, if you focus on management and have staff handling operations, you may qualify.
Issue 3: Foreign Entity Issues
Problem: Foreign entity isn't real, substantial, or properly related to U.S. entity.
Solution: Document foreign entity thoroughly—financials, employees, operations, ownership structure.
Issue 4: One-Year Requirement
Problem: Haven't completed full year abroad, or year wasn't in qualifying capacity.
Solution: Ensure you have full year of qualifying employment documented. If short, may need to return abroad or wait.
Can startup founders use EB-1C?
Potentially yes, if:
Startup has both U.S. and foreign operations
You worked at foreign affiliate for 1 year
U.S. role is truly managerial/executive
Challenges:
Small companies face more scrutiny
"Do you really manage, or do everything yourself?"
Must have staff to manage
Strategy:
Establish foreign entity first
Work there for 1+ year in manager/executive capacity
Grow U.S. entity to have management structure
File EB-1C once structure supports manager/executive role
Filing process:
Step 1: File I-140 (EB-1C petition)
Employer files
No labor certification needed
Premium processing available ($2,805, 15 days)
Step 2: Wait for priority date (usually current)
EB-1 is usually current for most countries
India may have slight delays occasionally
Step 3: File I-485 (adjustment of status)
Can often file concurrently with I-140
Or file after I-140 approved
Step 4: Green card approval
I-485 processing: 8-14 months typically
Biometrics, possible interview
Total timeline:
Fast track: 12-18 months
Standard: 18-24 months
Factor | L-1A | EB-1C |
Type | Non-immigrant visa | Green card |
Duration | 7 years max | Permanent |
Same criteria? | Yes (manager/executive) | Yes |
Labor certification? | No | No |
Premium processing? | Yes | Yes |
Best strategy | Use L-1A first | File EB-1C while on L-1A |
Company Structure Analysis: Evaluate whether your company's multinational structure qualifies.
Role Assessment: Analyze whether your position meets manager/executive definition.
One-Year Requirement Check: Verify you've fulfilled or can fulfill the foreign employment requirement.
Alternative Path Comparison: Compare EB-1C to EB-1A (if you qualify independently).
Path | Requires Employer? | Labor Cert? | Timeline | Best For |
EB-1C | Yes | No | 12-18 months | Multinational executives |
EB-1A | No | No | 12-18 months | Those meeting 3 criteria |
EB-2 NIW | No | No | 12-18 months (+ backlog) | National interest work |
EB-2 PERM | Yes | Yes | 3-4 years (+ backlog) | Employer willing to sponsor |
Are you an executive at a multinational company wondering if you qualify for EB-1C? Want to understand the manager/executive requirements?
Take the OpenSphere evaluation. You'll get EB-1C eligibility assessment and pathway recommendations.
1. What's the difference between EB-1C and L-1A?
L-1A is temporary work visa; EB-1C is green card. Same manager/executive criteria.
2. Can I file EB-1C without first having L-1A?
Yes, but you must fulfill one-year abroad requirement. L-1A is just common pathway.
3. Does my company need to be large for EB-1C?
No size requirement, but small companies face more scrutiny about whether role is truly managerial.
4. What if I manage professionals but not other managers?
May qualify as function manager if managing essential function, even without managing managers.
5. Can I file EB-1C if I'm currently outside the U.S.?
Yes. You'd use consular processing instead of adjustment of status.
6. Is there a backlog for EB-1C?
Usually no. EB-1 is typically current for all countries, though India occasionally has slight delays.
7. Can startup founders use EB-1C?
Potentially, if company has qualifying multinational structure and your role is truly managerial/executive.
8. What documents prove manager/executive capacity?
Org charts, job descriptions, list of subordinates and their roles, documentation of authority and discretion.
9. Do I need to stay with the same employer after green card?
Using AC21 portability, you can change employers in same/similar role after I-485 pending 180+ days.
10. What if I haven't completed one year abroad yet?
You can't file EB-1C until requirement is met. Options: complete the year abroad, or explore EB-1A if you qualify independently.
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