EB-1C Multinational Manager or Executive

Evaluate three core elements: (1) Qualifying relationship — ownership/control between US and foreign entity (parent-subsidiary, branch, joint venture); (2) Managerial/executive capacity — whether both foreign and US positions qualify; (3) 1-year abroad — at least 1 continuous year at foreign affiliate within the past 3 years.

1-2 weeks

Manager and executive have different definitions. Manager must manage professionals or an essential function; Executive must have broad decision-making authority. Function managers require extra argumentation.

Collect qualifying relationship documentation: articles of incorporation, corporate structure chart, board resolutions, stock transfer agreements, joint venture agreements. Both entities must be doing business. Collect US entity business evidence (office photos, employee roster, client contracts, revenue records).

2-4 weeks

Confirm qualifying relationship between US company and foreign affiliate (parent-subsidiary, branch, affiliate). Ensure US company is actively doing business (office space, employees, clients, revenue). If newly established, provide comprehensive business plan and funding proof.

EB-1C for newly established companies carries higher risk. Recommend operating at least 1 year with 5+ employees before filing.

Create clear organizational chart showing applicant's position, direct reports (must include professional-level employees or supervisors/managers). Describe each subordinate's duties, proving applicant does not need to perform daily operational tasks.

Confirm at least 1 continuous year of employment at the foreign affiliate within the past 3 years in a managerial or executive capacity. Collect: foreign employment verification letter, pay stubs, social insurance records, organizational chart.

Provide detailed description of managerial/executive duties at foreign company: departments managed, number and hierarchy of subordinates, budget authority, decision-making scope. Must emphasize management over operational work.

Key arguments: (1) Foreign position managerial/executive duties (scope, subordinate hierarchy, decision authority); (2) US position managerial/executive duties (org chart, number and titles of subordinates, not performing daily operational tasks); (3) If function manager, argue the essentialness and seniority of the managed function.

2-3 weeks

Common denial reason: US company too small (< 5 employees), applicant must also perform operational tasks. Must demonstrate sufficient staff to handle day-to-day operations.

Complete I-140 (select EB-1C classification). Petitioner = US company. Compile complete package: qualifying relationship evidence, business operations proof, organizational chart, managerial/executive capacity arguments, foreign work experience proof, ability to pay documentation.

Offer Letter (title, managerial/executive duties, salary, start date). Employer support letter (company overview, business description, why this executive is needed). Provide corporate tax returns, financial statements (ability to pay). Provide employee roster, payroll records (company size).

Coordinate with foreign affiliate to provide: foreign company registration documents, ownership structure proof, annual reports/financials, beneficiary's foreign employment verification (appointment letter, payroll, org chart), foreign company employee count and business scope.

Familiarize yourself with the position duties and organizational structure set by the US company. Confirm you will also serve in a managerial/executive capacity in the US, managing a team or essential function. Ensure offer letter duties match reality.

Review Petition Letter and all forms prepared by attorney. Confirm: foreign work experience description is accurate, management duties are neither exaggerated nor omitted, company relationship description is correct, personal information is accurate.

Common RFE issues: (1) US company too small to support managerial/executive role (2) insufficient qualifying relationship evidence (3) function manager definition disputes (4) continuity of 1-year foreign experience (5) insufficient ability to pay. Prepare supplemental org charts, payroll records, business growth plans.

After I-140 approval: check EB-1 priority date. If current → file I-485 (in US) or DS-260 (consular processing abroad). If not current → wait. China-born applicants may face 1-2 year backlog.

Keep position available during I-485 adjudication. If company structure changes (merger, reorganization, hiring/layoffs), notify attorney promptly. Ensure continued business operations and ability to pay.

After I-140 approval: (A) File I-485 + I-765 (EAD) + I-131 (AP) in US, complete medical exam and biometrics; (B) Consular processing abroad. Maintain legal status (e.g., L-1A) while waiting.

If currently on L-1A visa, can file EB-1C I-140 + I-485 concurrently while L-1A is valid.