Green Card Roadmap
for Multinational Managers
& Executives

What Is the EB-1C Category?

Multinational managers and executives who meet certain criteria may be able to obtain a green card through a permanent offer of employment from a qualifying employer in the United States. This so-called EB-1C route to permanent residence has many requirements that are similar to those of the temporary L-1A intracompany transferee visa, and many multinational managers and executives considering this green card route will already be working in the U.S. in L-1A status.

The Two-Step Process

The EB-1C road to permanent residence consists of two distinct steps:

Core Requirements

Managerial Capacity Defined

Managerial capacity means that you primarily perform the following functions:

• Manage the organization or a department, subdivision, function, or component of the organization.
• Supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization, or a department or subdivision of the organization.
• Exercise discretion over the day-to-day operations of the activity or function for which you have authority.
• Are able to influence executive and higher-level management's decision-making.
• Interact mainly with high-level managers and executives inside and outside the organization.
• Have employees that support your role through managing the daily activities of your department.

Supervisory Requirements for Managers

If you directly supervise another employee or other employees, you must have the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization). These employees, or at least some of them, must be considered "professionals," meaning their roles require a bachelor's degree or higher. Otherwise, you will be considered a "first-line supervisor" and not a manager.

If you are not the direct supervisor of another employee or employees, you must function at a senior level within the organizational hierarchy or concerning the function managed.

Executive Capacity Defined

Executive capacity means that you primarily perform the following functions:

• Direct the management of the organization or a major component of the company's business operations.
• Establish the goals and policies of the organization, component, or function.
• Exercise wide latitude in discretionary decision-making.
• Receive only general supervision or direction from higher-level executives, the board of directors, or stockholders of the organization.

Documents from the Foreign Employer and U.S. Company

• Formation documents to establish the company's existence and ownership (e.g., Certificate or Articles of Incorporation, stock certificates and ledgers, website excerpts, etc.).
• Operation documents to establish both the foreign and U.S. entities' financial health and legitimacy (e.g., employee organizational charts, personnel list with job descriptions, end-of-year salary report, financial statements for the past three years, including tax returns and profit and loss statements, etc.).
• Corporate organizational chart showing the qualifying relationship between the U.S. and foreign companies.
• Detailed description of your past or current managerial/executive job duties and responsibilities at the foreign company.
• Detailed description of your prospective managerial/executive job duties and responsibilities in the U.S.
• Employment agreement or offer letter.
• Detailed information about your subordinates including their job duties, degrees, resumes, and proof of employment.
• Samples of performance reviews, management reviews, etc. which you have performed for your subordinates while employed abroad.

Documents from the Foreign Beneficiary

• Educational documents (with certified English translation, if applicable).
• Curriculum Vitae or resume.
• Copies of end-of-the-year salary reports and/or paystubs evidencing your employment abroad for at least one year.
• Personal income tax returns for the past 1–3 years.
• Recent W-2 and pay statements if you are currently in the U.S.
• I-94 with travel history, previously issued visa(s), previously issued I-797 Approval Notice(s), as applicable.
• Excerpts of performance reviews done for you by upper management or the executive team when you were abroad.
• Any company documentation proving your role as a high-level manager or executive during your employment abroad and in the U.S. if applicable.

Adjustment of Status (AOS)

If you are already in the United States and qualify, you may file for adjustment of status. In some cases, the AOS application can be submitted concurrently with the I-140 petition. The following documents are required:

• Form I-485, Application to Register Permanent Residence or Adjust Status.
• Approval Notice of the underlying I-140 petition (if not filed concurrently with the AOS application).
• I-485 Supplement J, Confirmation of Bona Fide Job Offer (if I-140 and I-485 were not filed concurrently).
• Valid passport.
• Copy of your long-form birth certificate (with certified English translation, if applicable).
• As applicable: Copy of government-issued marriage certificate; copy of final decree of divorce.
• Sealed envelope with your medical exam results and immunization information, issued by a specially authorized physician ("civil surgeon").

Immigrant Visa Processing (IVP)

If you are outside the United States or prefer consular processing, you will apply for an immigrant visa through a U.S. Consulate or Embassy abroad. IVP can only be pursued after approval of the I-140 petition. The following documents are required:

• Form DS-260, Immigrant Visa and Alien Registration Application.
• Valid passport.
• Copy of your long-form birth certificate (with certified English translation, if applicable).
• As applicable: Copy of government-issued marriage certificate; copy of final decree of divorce.
• Current job offer letter from the U.S. petitioner.
• Police certificates for all countries where you have lived for six months or more since your 16th birthday.
• Medical exam results and immunization records, issued by a specially authorized physician ("panel physician"). This step cannot be completed until you have been scheduled for your consular interview.

Family Members

Your spouse and minor unmarried children under the age of 21 are eligible for permanent residence as derivative beneficiaries of the approved I-140 EB-1C petition. However, each qualifying family member must file their own green card application through adjustment of status or immigrant visa processing. The fees associated with family filings are not included in the cost estimates below and will be quoted as applicable.

Step 1: I-140 Petition Costs

Legal Fees

Government Filing Fees

Step 2: Green Card Application Costs

The costs for Step 2 vary depending on which route you choose (AOS or IVP). Please note that these costs do not include the legal or government filing fees for green card applications filed by or on behalf of family members (spouse and/or children).

Function Managers

As a multinational manager, you must either supervise and control the work of subordinate employees or manage an essential function within the organization — such as finance, marketing, engineering, project management, personnel, accounting, or sales — and must do so in a senior-level position.

When deciding whether you qualify as a function manager, USCIS typically evaluates the following factors:

• Your authority to initiate and veto activities relating to the function managed.
• Your authority to provide managerial guidance concerning the essential function to employees who are normally not in your chain of command.
• Whether you have the authority to commit the company, department, or division to a certain course of action in relation to the function you manage.

Specialized Knowledge and EB-1C

One of the key differences between L-1 nonimmigrant status for intracompany transferees and the EB-1C immigrant petition is that the EB-1C category does not have any provisions for employees with so-called specialized knowledge. The beneficiary of an EB-1C petition must have been employed abroad in a managerial or executive capacity.

However, this requirement does not categorically exclude you if you are currently in the U.S. in L-1B status as an employee with specialized knowledge. You may still qualify if the petitioner can demonstrate that you held both specialized knowledge and managerial or executive positions — either simultaneously or at different points in time — for at least one year during the three years immediately preceding your entry to the U.S. in L-1B status.

Legal and Policy Sources

• 8 C.F.R. § 204.5(j)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 4 — Multinational Executive or Manager; Employment-Based Immigration: First Preference EB-1; Adjustment of Status
• Travel.State.gov: Employment-Based Immigrant Visas