EB-1C: Direct Permanent Residence Through Purchase of US Company
The EB-1C category offers a path to permanent residence for qualified managers and executives. This guide outlines the key requirements, process, and benefits of the EB-1C visa.
EB-1C Requirements
To qualify for an EB-1C green card, applicants must meet the following criteria:
Employment as a manager or executive outside the US for at least one year in the last three years
Transfer to a US company that is a subsidiary, parent, or affiliate of the foreign company
The US company must have been doing business for at least one year
The US company must be substantial, with employees and sufficient profit to pay the transferee's salary
EB-1C Process and Timeline
The EB-1C process involves the following steps:
Establish or purchase a qualifying US company
File an I-140 petition with USCIS
Optionally use Premium Processing for faster adjudication
If approved, proceed with adjustment of status or consular processing
The EB-1C processing time can vary, but with Premium Processing, USCIS guarantees a 15-day turnaround for the I-140 petition.
Key EB-1C Criteria
Managerial or executive capacity in both foreign and US positions
Qualifying relationship between foreign and US companies
US company's ability to support the transferee's position
Intention to continue managerial or executive role in the US
Benefits of EB-1C Green Card
Direct path to permanent residence without labor certification
Ability to fast-track the process through Premium Processing
Option to purchase an existing US company to meet requirements
Flexibility for multinational companies to transfer key personnel
Important Considerations
The connection between the foreign and US companies must exist at the time of filing
The US company must be substantial and capable of supporting the transferee's position
Careful documentation of the applicant's managerial or executive role is crucial
By leveraging the EB-1C category, multinational companies can efficiently transfer key personnel to their US operations while providing them with a direct path to permanent residence.
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