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Skillful EB-1C Visa Attorney in San Jose Navigating Complex Immigration Law Issues For Managers And Executives

Immigration law is highly complex; there are challenges and obstacles unique to this practice that only an experienced immigration lawyer can address. Our law firm has one of the best EB-1C visa lawyers in San Jose and has secured U.S. entries for clients from various countries all over the world.

At Yew Immigration Law Group, immigration law is all we do. Attorney Alison Yew brings years of experience and up-to-date knowledge of this ever-changing area of law to every case, benefitting her clients and giving them their best chance at success.

Who Is Eligible For An EB-1C Visa?

The EB-1C visa is for Multinational Managers or Executives who have served for at least one year in another country in a top-level position with a parent, subsidiary, or affiliated company of a U.S. company. This process requires you to have a permanent job offer from the U.S. company to continue service to that organization in a managerial or executive capacity.

If you believe you qualify under this preference category, you, or at least your employer, on your behalf, must present the following requirements:

  • Documentation that shows you have been employed outside the U.S. in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition;
  • If you, the worker, are present in the U.S. working for the same prospective employer, the three-year period mentioned above is the time preceding your entry to the U.S. as a non-immigrant;
  • The foreign employer must have been the same employer, an affiliate, or a subsidiary of the prospective U.S. employer;
  • You, the beneficiary of the petition, must be coming to the U.S. to work in an executive or managerial capacity; and
  • The prospective U.S. employer must have been doing business for at least one year

What Evidence is Needed For EB-1C Visas

The first step of applying for an EB-1C visa is for your employer to submit Form I-140, Immigrant Petition for Alien Workers. This form must be accompanied by documentation that shows that both you and your employer meet the requirements for an EB-1C visa. Evidence may include:

  • A statement of your current duties and capabilities as an executive or manager. If you hold a bachelor’s or advanced degree, a supervisory position can be listed as evidence of managerial and/or executive capabilities
  • An employment offer, including a description of duties.
  • An explanation of the company and its structure, with emphasis on what positions will be supervised by the manager or executive applying for Eb-1C status.
  • Your resume
  • Your college degree, if applicable
  • The employer’s Employer Identification Number
  • Financial documents proving that your employer can pay you starting from the priority date

What About Multinational Managers and the L-1 Work Visa?

The Multinational Manager/Executive category for employment-based green cards (EB-1C) closely resembles the L-1A visa category. Therefore, many people who qualify for an L-1A visa as a Manager or Executive would also qualify for permanent residency in the U.S. without a labor certification application. Please note that L-1B employees with “specialized knowledge” are not eligible for this type of green card petition unless they meet the above requirements.

How Does One Apply For An EB-1C Visa?

Unlike the EB-1A visa (Persons of Extraordinary Ability), where you may self-petition, the EB-1C visa is employer-sponsored. This means the employer must file the petition for you, the beneficiary.

The petition is filed using Form I-140 Immigrant Petition for Alien Worker. It must be submitted with a statement from the U.S. employer affirming all of the pertinent requirements, including a description of the job duties you will be performing in the U.S., the responsibilities you performed as a manager or executive abroad, and your periods of employment abroad. The petition must also be accompanied by evidence of the relationship between the U.S. and foreign companies. All petitions and supporting documents are filed directly with the USCIS.

One advantage of the EB-1C visa is that it does not require a Labor Certification.

What Are the Benefits of Being a Green Card Holder in the United States?

There are many benefits to permanent residency in the United States. As a green card holder, you are eligible to live and work in the U.S., to engage in the political process by making financial contributions or volunteering for political candidates and causes (though not to vote), and to seek green card status for your immediate family members. With an EB-1C visa, your spouse and children under 21 may join you in the United States with E14 or E15 status. You may travel freely within the United States, and traveling to and from other countries will be easier than for immigrants with other statuses.

As a green card holder, you are protected by all federal, state, and local laws in the same way U.S. citizens are protected. You may seek education for yourself or for your children, and you may be eligible for government benefits such as Social Security and financial aid for higher education.

Why Should I Hire an Attorney from Yew Immigration Law Group?

We’ll guide you through every phase of the application process and present the best evidence and argument for your case. We pride ourselves on our strong attorney-client relationships, and we bring intelligence and compassion to every case. Lead attorney Alison Yew is an experienced and knowledgeable immigration attorney who will be by your side every step of the way. Contact us today online or by telephone at (408) 645-6395 to get an evaluation or for more information.