Business Immigration · EB-1C
EB‑1C green cards for executives and managers of multinational companies
The EB-1C lets a multinational company sponsor a manager or executive for a green card without PERM labor certification. It is the natural next step for many L-1A holders, including founders who opened a first U.S. office. Most cases turn on one question: does the U.S. role actually manage people or a function, or does it mostly do the work itself? We document the answer with organization charts, duties and payroll that USCIS can verify.
What our EB-1C service covers
- Review of the corporate relationship, the foreign role and the U.S. role.
- Duty descriptions with percentages of time, and organization charts for both entities.
- The employer's job-offer statement, the petition letter and Form I-140.
- RFE responses within scope, and coordination of the I-485 or consular stage.
Who qualifies under 8 CFR 204.5(j)
- One year abroad: in the three years before the petition (or before entering the U.S. as a nonimmigrant for the same employer), you worked at least one year outside the U.S. for the company, its parent, a subsidiary or an affiliate, in a managerial or executive capacity (204.5(j)(3)(3))).
- Same or related employer: the U.S. employer is the same company or its affiliate or subsidiary.
- Doing business for a year: the U.S. employer has been doing business for at least one year.
- Managerial or executive U.S. role: shown by a job-offer statement from the U.S. employer (204.5(j)(5)(5))).
The qualifying corporate relationship
USCIS needs proof of ownership and control: share registers, stock certificates, operating agreements, articles and annual filings showing that the U.S. and foreign entities are parent and subsidiary, branches of one company, or affiliates under common ownership. Both entities must still be doing business. A dormant foreign parent is a frequent reason for denial.
Managerial or executive duties
The definitions in 204.5(j)(2)(2)) are strict. A manager manages the organization, a department or an essential function; supervises other supervisory, professional or managerial staff (or manages an essential function); has authority over personnel actions; and exercises discretion over day-to-day operations. An executive directs the management of the organization or a major component, sets goals and policies, has wide decision-making latitude, and receives only general supervision from higher executives, a board or shareholders.
In a small U.S. company, the risk is that the beneficiary looks like the main operator. The answer is evidence that others perform the day-to-day work: payroll, contractor agreements and specific descriptions of who does what. Titles alone do not establish managerial capacity.
From L-1A to EB-1C
The L-1A and EB-1C use similar definitions, so a well-documented L-1A is a strong base. The differences: the U.S. employer must have done business for a year, and USCIS reviews the matter fresh, without deferring to the L-1 approval. New-office L-1A holders should build payroll and structure during the first year with the EB-1C in mind. See our L-1 visa page.
Fees and premium processing
| Item | Fee |
|---|---|
| Form I-140 | $715 (paper) / $665 (online) |
| Asylum Program Fee | $600 standard / $300 (small employer or self-petitioner) small employer |
| Premium processing, optional | $2,965 |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
EB-1C premium processing runs on a longer response clock than most classifications (8 CFR 106.4). Confirm current amounts on the G-1055. For regular processing, see the USCIS processing-times tool. Your I-485 timing depends on the EB-1 chart in the Visa Bulletin.
If USCIS is slow or denies the EB-1C
Denials usually argue that the role is operational, or that the corporate relationship was not proven. Both can be cured on refiling, and a misapplied definition can be challenged by motion, appeal or an APA suit. See I-140 denial options and L-1A denial options. For delays, see I-485 delay lawsuits.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
Does EB-1C require PERM?
No. EB-1C is exempt from labor certification. The U.S. employer files Form I-140 with a job-offer statement describing the managerial or executive role.
Can I self-petition for EB-1C?
No. The U.S. employer must file. If you own the company, the company is the petitioner, and the record must show the company is a real, operating business with staff who carry out the daily work.
Do I need to be on an L-1A?
No. You can file from abroad or from another status, such as H-1B or E-2, as long as you meet the one-year foreign-employment rule within the three-year lookback period.
How small can the U.S. company be?
There is no minimum headcount, but USCIS considers the size and needs of the organization. A very small company must show who performs the operational work so that the beneficiary's role is clearly managerial or executive.
Can a function manager qualify without direct reports?
Yes, if you manage an essential function and the record shows that others perform the function's day-to-day tasks. The function must be clearly defined, and its importance documented.
Can my family come with me?
Your spouse and unmarried children under 21 are derivatives and file their own I-485s or immigrant visa applications when the priority date is current.
Check your role against the EB-1C definitions
Book a paid consultation. Send your organization charts and duties, and we review them before the call. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.
