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EB-1-C Visa Lawyer Las Vegas

There is a category of employment-based visas that allows a multinational company to bring executives and managers into the United States to perform their job duties. The company will sponsor you for the visa, giving you the right to live and work in the United States and setting the stage for eventual citizenship. However, there are strict E1B-C requirements that you must meet to qualify.

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Given these requirements, it makes sense for you to reach out to an E1B-C visa attorney at Hayoon Kane Law Firm, PLLC, to learn more about the process. Our immigration lawyers have assisted clients with all types of business-related visas, and we can advise on and oversee the process for you.

Who May Qualify for an EB1-C Visa?

The first set of requirements for an EB1-C visa is based on the individual applicant. Specifically, to be considered for an EB1-C visa, you must meet the following:

  • You must have been employed outside of the United States for at least one of the past three years
  • Your employment in the United States must be with a qualifying multinational company (the company must be doing business in at least two countries, one of which is the United States, either directly or through affiliates and subsidiaries)
  • You are seeking to work as a manager or an executive
  • You are already working for this company outside of the United States
  • The company must have been doing business for at least one year in the United States

You cannot self-petition for an EB1-C visa. The company that you are working for must be the one to sponsor you.

When it comes to meeting the definition of an executive, all of the following must apply:

  • You must manage an organization, function, or major component
  • You have the authority to establish goals and policies for the unit
  • You receive only minimal supervision from higher-ups or the board of directors
  • You have discretionary decision-making authority or wide latitude to make these choices

Alternatively, you can also qualify for an E1B-C visa if you meet the definition of a manager. Here, the following will apply:

  • You manage the organization, department, subdivision, function, or component of the organization;
  • You supervise and control the work of other supervisory, professional, or managerial employees;
  • You possess the authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
  • You exercise discretion over the day-to-day operations of the activity or function for which the employee has authority.

Typically, you cannot be considered a manager under the definition in the law if you are a first-line supervisor. The exception is that you qualify if the employees who are working under you are professionals who possess at least a bachelor’s degree. 

Providing organization charts and job descriptions is the best way to prove that you meet these requirements. You want to give USCIS a window into the organization and its functioning to show that you are considered to be a manager or an executive. 

What Requirements Must the Employer Meet?

The company that is sponsoring you for an EB1-C visa must meet its own set of requirements to petition for your entry into the United States successfully. Their compliance is evidenced by supporting documentation that they will include with the petition. Specifically, the employer must meet the following requirements:

  • The U.S. company needs to have a qualified relationship with a foreign entity, making it a multinational company
  • The employer must prove that they have been doing business for at least one year
  • They have an intention to employ you in a managerial or executive capacity
  • The employer must prove that they have the financial ability to pay your salary

Here, the employer cannot be a “new office.” There is a separate visa category, known as an L-1 visa, that is intended to address these situations.

What Are the Benefits of an EB1-C Visa?

There are numerous reasons why you may want to apply for a visa in the EB1-C category. One of the initial pros to this type of visa is that you do not need to obtain an employment certification from the Department of Labor. For many other types of employment-based visas, you need to first go through the Department of Labor for them to certify that your visa will not adversely affect wages and conditions for U.S. workers. This step adds a considerable amount of time to the process.

Then, there is also priority processing available for an EB1-C visa. USCIS will generally address these applications in a more expedited time frame, given the need for managers and executives. You will not be looking at waiting times similar to other types of employment-based visas. 

Finally, there is a direct path to permanent residency in the United States. Although an EB1-C is called a visa, it operates more like a green card in that you are a permanent resident with the right to live and work in the country. Eventually, you will be able to apply for citizenship in the United States. 

What Is the Application Process for an E1B-C Visa?

Your employer must be the one that sponsors you for an E1B-C visa, since you cannot file your own petition. They are bringing you into the United States to perform a certain role in the company, and the onus is on them to show that you meet the requirements.

The employer will begin the application process by completing and submitting the Form I-140, which is the paperwork that is submitted when sponsoring someone else for a visa. Your employer will include the necessary documentation that shows that you meet the requirements for an E1B-C visa. For example, the employer may submit the following:

  • Tax returns
  • Business plans
  • Performance evaluations
  • Organizational charts
  • Narrative statements

An E1B-C visa attorney can assist your employer in determining what documentation you need to include with the application to compile the most effective visa petition possible.

Even though the employer is the one who is filing the petition for the E1B-C visa, you would still need to attend an interview at the U.S. embassy or consulate, if you are located overseas. It is vital that you prepare for this interview, because you could face tough questions if there is any skepticism about your application. 

Challenges in the E1B-C Visa Process

There are numerous potential pitfalls and challenges that you may need to overcome in the E1B-C visa application process. Remember that your employer bears the burden of showing USCIS that you will be performing a role that allows you to qualify for a visa, and you may encounter a skeptical case officer.

Some common challenges in the E1B-C visa process include:

  • Sufficient documentation may be challenging to come by because the company is located in a foreign country
  • You may have difficulty proving that you actually serve as a manager or an executive and do not just have a ministerial or functional role in the company
  • You may have issues in proving both your own work history in the company and corporate continuity
  • The company may have problems demonstrating its financial stability and ability to pay you

What Happens if USCIS Issues a Request for Evidence (RFE)?

USCIS may issue an RFE if they have any further questions about your application. They may have seen weaknesses in the application, or they may spot issues that they wish to raise with you. It is essential that you take it very seriously if you receive an RFE because the success of your petition can be in doubt. You should take time to prepare thoughtful responses that can hopefully address any issues that USCIS may have. An experienced E1B-C visa attorney can help prepare a response and communicate with USCIS on your behalf.

Are There Caps on E1B-C Visas?

E1B-C visas are known as a first preference within the category of employment-based visas. Overall, there is a cap of 140,000 employment-based visas that are allowed to be issued each year. There is a cap on each category of visa within the overall grouping of employment-based visas. Overall, the EB-1 category is allotted 28.6 percent of the total number of visas available. The annual limit is reset on October 1 of each year since it tracks the fiscal year for the federal government.

The overall cap means that you will be in competition with potentially many other applicants who are seeking the same type of visa. Depending on the country that you are applying from, the competition can be even greater. Knowing this, you need to work with an E1B-C visa attorney on the application to give you the best possible chances of success.

What Happens After I Receive My E1B-C Visa?

The E1B-C visa allows you the right to live and work in the United States. You will also be able to apply to bring your spouse and unmarried children under the age of 21 into the United States. The E1B-C visa is valid for ten years. After that period has elapsed, you will need to apply to renew your green card. 

Like any other green card, you can begin the process of applying for United States citizenship five years after you have obtained lawful permanent residency. That time period is shortened to three years if you are married to and living with a United States citizen.

What Happens if My Petition for an E1B-C Visa Is Denied?

Although E1B-C visas generally have a high approval rate, it is possible for your petition to be denied. If that happens, USCIS will send you a notice explaining the reasons for the denial. At that point, you will review the reasons for the denial and act accordingly. There is a chance that you may be able to reapply or correct whatever issue caused USCIS to deny your petition in the first place.

You have the right to due process, which will allow you to file an appeal. You may file an appeal with the USCIS Administrative Appeals Office. Here, you must show that USCIS made an error of fact or law which caused them to wrongfully deny your petition.

Why You Need a Lawyer for the E1B-C Visa Process

The EB-1C visa process is complex and requires detailed documentation to prove an applicant’s executive or managerial qualifications and the qualifying relationship between U.S. and foreign companies. A lawyer ensures your petition meets all legal requirements, prepares persuasive evidence, and avoids common mistakes that can lead to delays or denials. They can also guide your employer through the petition process and help you respond to Requests for Evidence (RFEs) if needed. 

With so much at stake—including permanent residency—a skilled immigration attorney can greatly improve your chances of a successful EB-1C application.

Contact an E1B-C Attorney Today

Hayoon Kane Law Firm, PLLC, works with companies and individuals during the employment-based visa application process. We help you identify potential legal issues and complete the necessary paperwork to file a successful petition. The first step that you can take is to reach out to an E1B-C lawyer to learn more about the process and what you may need to do to qualify for this visa. 

You can schedule a free case review by filling out an online contact form or by calling us today at (702) 463-7630. Our office is in Las Vegas, NV, and we work with clients nationally.

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