What is the EB-1C Green Card?

The first preference employment-based immigration petition, or EB-1 green card, is an employment-based petition for permanent residence. The EB-1C, in particular, was designed for the most proficient and skilled foreign managers and executives.

Over 40,000 immigrant visas are allocated for the first preference category each year.

There are two ways to obtain an EB-1C status:

1. If the individual has already arrived in the United States under L-1A status, they may apply for an Adjustment of Status. Their employer may petition for an EB-1C on their behalf showing that the individual has a permanent offer of employment before submitting the I-485 adjustment of status application.

2. If the individual is outside the United States, the processing must be done abroad at a U.S. consulate. However, this is not the preferred method due to the fact that the petition will be greatly scrutinized and required substantial paperwork. It is recommended to transfer from L-1A status to an EB-1C.

One of the major benefits of the EB-1C and any green card in the first preference is the fact that a PERM Labor Certification is not required to petition. The PERM is an aspect of the Department of Labor that requires many employment-based green card employers to go through a recruitment process to ensure that you, the beneficiary, are not taking any jobs from qualified U.S. workers. It also requires your employer to determine and pay the prevailing wage for your position according to your state and location of work. Therefore, not requiring a PERM is a major advantage of the EB-1C.

EB-1C Green Card Requirements

In order to be considered as a candidate for an EB-1C green card, the candidate and the employer that the candidate will work for must meet certain requirements.

The candidate

1. Must have been employed for one year within the past three years preceding the petition by the parent company, overseas affiliate, branch, or subsidiary of the U.S. employer.

2. Must be seeking to work in the United States in a managerial or executive capacity with the same employer, an affiliate or subsidiary of the employer.

The employer

1. Must conduct business with the United States.

2. Must have been in existence in the United States for at least one year.