EB-1C Multinational Manager and Executive Green Card

What Is the EB-1C Green Card?

The EB-1C is an employment-based immigrant visa category for multinational executives and managers. The U.S. employer files Form I-140 with USCIS on their behalf. Once the petition is approved, the beneficiary and family obtain their green cards either through an immigrant visa interview at a U.S. Embassy or Consulate in Europe or, if already in the United States in a valid status such as L-1A, through adjustment of status with USCIS.

The result is unconditional permanent residence. The green card is valid for ten years and renewable indefinitely, there is no two-year conditional period as with the EB-5 investor green card or a recent marriage, and the holder may apply for U.S. citizenship after five years of residence.

What the EB-1C Offers European Companies

The EB-1C is the route for a European company whose executive or manager runs the U.S. operation and intends to stay.

• Permanent residence for the executive and the family, instead of a work visa that ends after seven years.
• The qualifying facts are largely the same as for the L-1A: the corporate relationship, the year abroad, the executive or managerial role. An L-1A case that was built with the EB-1C in mind already contains most of the evidence.
• No labor certification. The U.S. employer does not need to test the U.S. labor market or prove that no U.S. worker is available.
• Normally no waiting list for European nationals.
• Premium processing is available for the I-140, with a USCIS decision within 45 business days.
• Spouse and unmarried children under 21 receive permanent residence at the same time, and a permanent resident spouse may work without separate authorization.

Who the EB-1C Is For

• Executives and managers of European companies who have been running the U.S. subsidiary on an L-1A and want to stay permanently
• Executives and managers still in Europe whose company's U.S. entity has been doing business for at least a year
• Owner-managers of European companies with a qualifying U.S. affiliate, where the owner's role is managerial or executive in substance
• European companies that want to keep their U.S. leadership in place beyond the seven-year L-1A maximum

Who the EB-1C Is Not For

• U.S. entities that have been doing business for less than one year. There is no new office category for the EB-1C; the L-1A new office petition comes first.
• Specialized-knowledge employees without an executive or managerial role abroad and in the United States.
• First-line supervisors of non-professional staff, and executives who in practice perform most of the operational work themselves. USCIS examines what the person actually does and who reports to them.
• Individuals who did not work one year for the related company abroad in an executive or managerial capacity during the three years before the petition, or before they came to the United States for the same company.
• U.S. employers that cannot document the ability to pay the offered salary.

If the U.S. entity is new, the L-1 intracompany transfer visa is the usual first step. If there is no foreign company, the E-2 treaty investor visa may be the right route. A case assessment will identify the options.

L-1A vs. EB-1C

The L-1A and the EB-1C rest on the same corporate facts. The differences are what they give and when they can be filed.

Where the executive or manager needs to be in the United States before the green card is approved, L-1A first and EB-1C second is often the strategic choice. The L-1A gets the executive into the United States within months; the EB-1C is filed once the U.S. entity has a year of operations, and the executive keeps working on the L-1A while the green card is pending.

EB-1C Requirements

Qualifying Organizational Relationship

The foreign entity and the U.S. employer must have a qualifying relationship:

• The U.S. entity is a subsidiary of the foreign company (majority or controlling interest)
• The U.S. entity is a parent of the foreign company
• Both entities are affiliates, owned and controlled by the same parent or the same individuals

Both entities must still exist and be doing business when the petition is filed and when the green card is approved. If the foreign company has been closed or sold in the meantime, the EB-1C is no longer available.

One Year of U.S. Operations

The U.S. employer must have been doing business, meaning regularly providing goods or services, for at least one year before the petition is filed. A company that exists on paper, or that has only set up premises and bank accounts, does not meet this requirement. For a U.S. subsidiary opened on an L-1A new office petition, the EB-1C is typically filed after the year-one extension has been approved.

Prior Employment Abroad

The beneficiary must have worked for the foreign entity for at least one year within the three years before the petition, in an executive or managerial capacity. If the beneficiary is already in the United States working for the same group of companies, for example on an L-1A, the three years are counted back from the date of entry.

Executive or Managerial Capacity

An executive directs the organization or a major component of it, sets goals and policies, has wide latitude in decision-making, and is supervised only by higher executives, the board, or the shareholders.

A manager supervises and controls the work of other managers, supervisors, or professional employees, or manages an essential function of the organization. First-line supervisors of non-professional staff generally do not qualify.

Both the role abroad and the role in the United States must meet this standard. USCIS applies it more strictly in the EB-1C than in the L-1A, because the benefit is permanent. The decisive evidence is the organizational chart, the number and duties of the staff who report to the beneficiary, and a breakdown of the beneficiary's own duties showing that the day-to-day operational work is done by others. For a small U.S. subsidiary this is the central issue of the case.

Ability to Pay

The U.S. employer must show that it has been able to pay the offered salary from the date the petition is filed until the green card is approved. USCIS accepts federal tax returns, audited financial statements, or annual reports; payroll records showing that the salary is already being paid are the simplest proof.

The I-140 Petition

The U.S. employer files Form I-140 with USCIS. Regular processing for EB-1C petitions currently takes more than two years. Premium processing, for an additional USCIS fee, obtains a decision, or a request for evidence, within 45 business days and is often the most sensible choice.

Requests for evidence are more frequent in the EB-1C than in the L-1A. They usually concern the managerial nature of the U.S. role or the ability to pay. A petition prepared with the request in mind, with the organizational evidence and financials in the initial filing, is the best protection against one.

Evidence That Decides EB-1C Cases

• Corporate documents and ownership records of both entities, showing the qualifying relationship
• Proof that the U.S. entity has been doing business for a year: contracts, invoices, bank statements, leases, payroll
• Organizational charts of both entities with names, titles, and reporting lines
• Detailed descriptions of the beneficiary's duties abroad and in the United States, with the share of time spent on each
• Job descriptions, payroll records, and qualifications of the staff who report to the beneficiary
• Federal tax returns, audited financial statements, or payroll records showing the ability to pay
• A support letter from the U.S. employer tying the evidence together

Where an L-1A petition was filed earlier, every statement in the EB-1C must be consistent with it. USCIS compares the two.

EB-1C Process

Every EB-1C matter is handled as a coordinated project. The corporate structure, the earlier L-1A filings where there were any, the financials, and the immigration filings must align.

1. Step 1: Case Assessment and Strategy. Review of the corporate relationship, the U.S. entity's operating history and finances, the beneficiary's employment history, and the U.S. role, to confirm EB-1C eligibility and settle the route: immigrant visa in Europe or adjustment of status in the United States.
2. Step 2: Petition Preparation. Assembly of the I-140 package: corporate and ownership documents, evidence of one year of U.S. operations, organizational charts, duty descriptions, financial records, and the employer's support letter.
3. Step 3: USCIS Filing (Form I-140). Filing with USCIS, with premium processing. Response to any request for evidence.
4. Step 4: National Visa Center. After approval, USCIS transfers the case to the National Visa Center, which prepares it for the consular interview: payment of the immigrant visa fee, Form DS-260 for the beneficiary and each family member, and upload of the civil documents. The National Visa Center reviews the file until it is documentarily complete and schedules the interview.
5. Step 5: Medical Exam and Consular Interview. Medical examination with a panel physician, then the interview at the U.S. Consulate in Frankfurt for applicants in Germany, the U.S. Embassy in Bern for Switzerland, or the U.S. Embassy in Madrid for Spain. If the beneficiary is already in the United States on an L-1A, adjustment of status with USCIS replaces the interview abroad.
6. Step 6: Entry as a Permanent Resident. The immigrant visa serves as proof of permanent residence on entry. The USCIS Immigrant Fee is paid online once the visa is issued, usually before travel, and the ten-year green card is then mailed to the U.S. address. From that day the beneficiary and family are permanent residents with no conditions to remove.

EB-1C Timeline

With premium processing, a rough estimate from initial engagement to immigrant visa is 10 to 15 months: one to two months of preparation, 45 business days at USCIS, and six to ten months at the National Visa Center and the consulate, where scheduling differs between Frankfurt, Bern, and Madrid. Without premium processing, USCIS processing alone currently takes more than two years, and the overall timeline is roughly 36 to 42 months. Adjustment of status from inside the United States runs in a similar range to the consular route, about 12 to 16 months in total. USCIS and consular processing times change.

From L-1A to EB-1C: Planning the Sequence

A common sequence for a European company is: L-1A new office petition; year-one extension; the U.S. entity reaches one year of doing business; EB-1C petition with premium processing; adjustment of status while the executive continues to work on the L-1A.

The U.S. role must grow into a managerial one in fact, with staff who take over the operational work, because the EB-1C is decided on the organization that exists at filing. The L-1A filings and the EB-1C must describe the same role, structure, and salary. And the I-485 should be filed well before the seven-year L-1A maximum, since the L-1A cannot be extended beyond it while the green card is pending.

An L-1A holder with a pending adjustment of status may continue to travel on the L-1 visa, as long as the L-1A employment continues on return.

EB-1C Without an L-1A

The EB-1C can be filed for an executive who is still in Europe, provided the U.S. entity has been doing business for at least a year. The executive then goes through the immigrant visa process at the consulate and cannot start working in the United States until the immigrant visa is issued, which is why clients who need to be in the United States sooner begin with the L-1A.

EB-1C for Families

Your spouse and unmarried children under 21 receive permanent residence together with you. They go through the same immigrant visa or adjustment of status process, each with their own DS-260 or I-485, medical examination, and civil documents, and each receives a ten-year green card.

A permanent resident spouse may work for any employer without separate authorization. Children may attend U.S. schools as residents. Everyone in the family may apply for U.S. citizenship after five years of permanent residence, subject to the physical presence requirements.

EB-1C vs. Other Green Card Routes

For an executive or manager with a qualifying corporate structure, the EB-1C is normally the most direct of these routes: no labor market test, no investment, no conditional period. Where there is no foreign company, the E-2 page discusses the investor options.

Fees

• EB-1C Green Card: €7,500

Additional services:

• Dependents (each): €450
• RFE response: €900

The initial consultation (15 minutes) is free. In it, we look at whether the EB-1C fits your situation.

All amounts are attorney fees. Government filing fees are not included and vary by filing type and circumstances. The fixed fee covers an EB-1C petition for one beneficiary and one U.S. employer, including premium processing coordination, the National Visa Center stage and interview preparation or, for a beneficiary in the United States, the adjustment of status filing with work and travel permits for the beneficiary. Dependents are priced as listed above; work and travel permits for dependents in adjustment cases are quoted separately. Multiple beneficiaries or complex corporate structures are quoted after the case assessment. All matters are handled on a fixed-fee basis: no hourly billing, no unexpected charges.

How I Handle EB-1C Cases

This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by visiting this website or reading this content. Immigration law is fact-specific and subject to change. Consult a licensed attorney regarding your individual circumstances.

Frequently Asked Questions