With US immigration policy facing heightened scrutiny, longer processing times, and stricter evidentiary standards, both foreign nationals and employers are seeking alternative strategies to secure permanent residency.
While the National Interest Waiver (NIW) and the standard PERM Labor Certification process remain widely used, both face challenges: NIWs are increasingly subject to Requests for Evidence (RFEs) and denials, and PERM cases are experiencing multi-year delays with severe green card backlogs, especially for applicants from India and China.
Amid these challenges, the EB-1C Green Card for Multinational Managers and Executives has emerged as a faster and less burdensome route for qualified applicants.
To qualify for an EB-1C, applicants must meet both foreign and US employment criteria:
A frequent misunderstanding is that only individuals holding an L-1A nonimmigrant visa are eligible for EB-1C. While the eligibility criteria for both categories are similar, L-1A status is not a prerequisite for EB-1C.
In both cases, EB-1C may still be available if the foreign role and the US position are both managerial or executive.
The EB-1C offers several advantages over traditional employment-based categories:
When exploring EB-1C, the focus should be on the managerial or executive nature of the roles, not the underlying nonimmigrant visa classification.
Key takeaways:
For multinational companies and their foreign executives or managers, the EB-1C green card offers a practical, often underutilized alternative to the more common NIW or PERM routes.
By reducing reliance on labor certification and avoiding some of the longest wait times, EB-1C provides a strategic pathway to permanent residency—particularly valuable in today’s environment of heightened scrutiny and backlogs.
While the National Interest Waiver (NIW) and the standard PERM Labor Certification process remain widely used, both face challenges: NIWs are increasingly subject to Requests for Evidence (RFEs) and denials, and PERM cases are experiencing multi-year delays with severe green card backlogs, especially for applicants from India and China.
Amid these challenges, the EB-1C Green Card for Multinational Managers and Executives has emerged as a faster and less burdensome route for qualified applicants.
EB-1C Requirements
To qualify for an EB-1C, applicants must meet both foreign and US employment criteria:
- Qualifying Foreign Employment:
- Must have worked outside the US in a managerial or executive role for at least one of the three years prior to the petition, or before the most recent lawful admission if already employed in the US.
- Qualifying US Employment:
- The US employer must have been doing business for at least one year.
- There must be a qualifying corporate relationship between the US employer and the foreign entity (ownership or affiliation).
- The US role must also be managerial or executive and offered on a full-time basis.
Dispelling a Common Misconception
A frequent misunderstanding is that only individuals holding an L-1A nonimmigrant visa are eligible for EB-1C. While the eligibility criteria for both categories are similar, L-1A status is not a prerequisite for EB-1C.
- Example scenarios:
- An individual transferred from abroad in an L-1B specialized knowledge role, later promoted to a managerial position in the US.
- An employee who entered the US on an H-1B after working abroad in an executive capacity.
In both cases, EB-1C may still be available if the foreign role and the US position are both managerial or executive.
Benefits of the EB-1C Route
The EB-1C offers several advantages over traditional employment-based categories:
- No labor certification required – unlike PERM, no recruitment test is necessary.
- Faster processing – while delays exist, EB-1C typically avoids the extreme backlogs affecting EB-2 and EB-3.
- Shorter visa bulletin waits – for India and China, the backlog is still significant but up to 10 years shorter than for EB-2. For all other countries, visas are generally immediately available.
- Direct route to permanent residency – applicants can file adjustment of status without waiting years for priority dates to become current (depending on country of birth).
Strategic Considerations
When exploring EB-1C, the focus should be on the managerial or executive nature of the roles, not the underlying nonimmigrant visa classification.
Key takeaways:
- Past foreign employment must be in a qualifying capacity.
- The US job offer must also clearly meet the definition of executive or managerial.
- Applicants in H-1B, L-1B, or other categories should not automatically assume EB-1C is unavailable.
Final Thoughts
For multinational companies and their foreign executives or managers, the EB-1C green card offers a practical, often underutilized alternative to the more common NIW or PERM routes.
By reducing reliance on labor certification and avoiding some of the longest wait times, EB-1C provides a strategic pathway to permanent residency—particularly valuable in today’s environment of heightened scrutiny and backlogs.
