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I-140 EB-1C MULTINATIONAL EXECUTIVES OR MANAGERS

The EB-1C Multinational Manager or Executive classification enables a U.S. employer to employ a foreign executive or manager to lead the operations in the United States. It also allows overseas companies to expand their business by permitting intracompany transfer of executives and managers with direct knowledge of the company’s operations to the United States.

A perfect example of an EB-1C applicant would be the Chief Operations Officer of Pepsi in Mexico to permanently transfer to the company’s office in New York.

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LEGAL FEE

Our fee structure is unique to us as we strive to tailor our services for each client individually. We adapt price standards that are capable of fluctuating for each client depending on their unique needs. Clients may retain us for one or all of the above steps/services.

We are happy to customize a proposal for you during a consultation and walk you through what a standard EB-1C case looks like.  Please see below for more information. 

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CASE PROCESSING OVERVIEW

Step 1: Strategy Session for EB-1C

This is the most crucial step for your entire EB-1C. We will review all of the supporting documents to create a strategy, a customized checklist, and a timeline to serve as the guiding foundation for the entire case preparation.

Step 2: Prepare and Submit EB-1C to USCIS

Our attorneys will craft your EB-1C arguments and complete all forms, organize supporting documents, and assemble the crafted arguments into the proper application formats. After a thorough review, we will then submit the application to USCIS.

Step 3: Respond to Request for Evidence (RFE) or Notice of Intent to Deny (NOID)

In the event, USCIS issues a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), our attorneys will craft a response in a timely manner to fight for the approval of your EB-1C application.

Step 4: Prepare Client for Interview at the Consulate

It all comes down to this. We help guide the client in his/her preparation for the interview with a U.S. consulate by simulating the interview and ensuring the client is well-versed in the application material. Our services include a comprehensive strategy for answering inquiries posed, practice questions, thorough feedback, and other tools to help clients succeed during the interview.

Step 5: Respond to Consulate Requests / Administrative Processing / Status Checks / Fraud Alerts; or USCIS Adjustment of Status Request for Evidence

After the interview, we will help formulate possible responses from a U.S. consulate, from additional document requests to revised applications, to fraud alerts.  It is about keeping close tabs with the consulate processing. 

Step 6: Arrival is Only The Beginning

Our services do not end when you receive your EB-1C Application Approval, and that this step is just the beginning. To help accommodate this reality, we provide guidance over:

  • CBP – Airport Arrival
  • Dependent Visas/Work Permits
  • Reentry Permits
  • and more!
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    ADDITIONAL RESOURCES

    Checklist of Required Evidence

    Employer’s Documentation

    • Articles of incorporation or association, and business license
    • Application for EIN (Form SS-4)
    • Stock certificates
    • Lease of business location
    • Bank statement or wire transfer evidencing initial investment
    • Audited accounting reports (e.g., balance sheets, profit and loss statements, and cash flow reports)
    • Income tax filings for the three years prior to filing
    • Corporate income tax return (Form 1120), if any
    • Quarterly report (Form 941), if any
    • Description of company business
    • Commercial contracts, invoices, bills of lading, and letters of credit
    • Several sheets of company letterhead, including the company’s logo, name, and address
    • Organizational chart showing company structure, the company’s total number of employees, the position to be held by the transferee, and the company’s plans to expand (e.g., acquire new employees)
    • Pictures of the main office, interior and exterior, and the company’s other buildings, if such photos are not included in a company brochure or product introduction
    • Documents verifying the foreign affiliate

    Employee’s Documentation

    • Resume
    • Diploma
    • Passport
    • Valid visa to the United States (within three years)
    • Employment verification letter from the foreign affiliate
    • Board resolution or other business documents verifying the company’s decision to transfer the employee
    • Any other documents demonstrating the transferee’s ability to conduct business in an executive or managerial position

    Filing Fee

    The updated filing fee for EB-1C can be found here.

    Who can apply for EB-1C?

    To fulfill the first requirement, the applicant must be:

    1. Employed outside the U.S. for at least 1 out of the 3 years immediately before filing the petition.  This company must be still running during the petition.
    2. This past employment must have a Qualifying Relationship with the intended U.S. employer.
    3. Intended U.S. company must have been doing business for at least one year.

    Requirements to show a Qualifying Relationship:

    1. Common Ownership: One company must have a legal right of possession and full power over the other business entity.
    2. Effective Control: One company must have the right and authority to direct the management and operations of the other business entity.
    3. Multinational Organization: The two companies must conduct business in two or more countries, one of which is the United States.
    4. A Branch, Parent, Subsidiary, or Affiliate of the foreign company.

    branch is operating division or office of the same company in a different location.

    parent are companies that own majority stock and therefore have control over another company, which then becomes a subsidiary. Either the U.S. Company or Foreign Company can be the parent and the other the subsidiary.

    subsidiary is a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and therefore has control of; or, owns directly or indirectly half of the entity and controls the entity; or owns 50% of a 50/50 joint venture and has equal control and veto power over the entity as the other half of ownership; or, owns less than half of the entity, but in fact controls the entity.

    An affiliate is an entity owned and controlled by the same group of individuals who own about the same shares of each entity can be considered affiliates.  Example: Group A owns 51% of both Company X and Company Y shares. Therefore, Company X and Company Y are affiliates.

    • However, if it is an accounting firm:
      • Separate partnerships that are internationally considered affiliates can also fulfill this requirement.
      • Entities that market under the same name can be considered affiliates.

    Doing Business for At Least 1 Year

    If the intended company is a new office, and the applicant is being sent over to open said office, then proof of ownership, control, and financial ability should be established.

    What does not count:

    • Does not include the mere presence of an agent or office.
    • Business may not be prospective for start-up operations and new offices.

    To prove Doing Business, some of the evidence may include, but is not limited to:

    A statement from an authorized official of your organization which indicates that you have been doing business for at least one year.

    Documents to show you were doing business for at least one year before you filed the petition, and continue to do business. Evidence may include, but is not limited to, documents showing you:

    • Legally formed your organization and it is currently authorized to do business, such as copies of your:
      • Articles of incorporation
      • Operating agreement
      • Partnership agreement
      • Local business license; and/or
      • Certificate of good standing
    • Acquired and retain the necessary facilities, equipment, and staff to do business, such as copies of:
      • Leases for business premises
      • Purchase agreements
      • Your federal income tax returns
      • Your Form 941, Employer’s Quarterly Federal Tax Returns; and/or
      • Payroll records
    • Regularly and systematically provide goods or services, such as copies of your:
      • Invoices
      • Sales contracts
      • Import/ export license; and/or
      • Contracts or agreements with shipping and receiving companies.

    Relevant Law

    8 USC 1153: Allocation of Immigrant Visas

                (b)(1)(C)

    An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

    8 CFR 204.5 (J)

    (3) Initial evidence —

    (i) Required evidence. A petition for a multinational executive or manager must be accompanied by a statement from an authorized official of the petitioning United States employer which demonstrates that

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      SAMPLE & TEMPLATES

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      Attorney Brief:  [coming soon] We will provide an attorney brief sample for the I-140 petition.

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      Cover Letter: [coming soon] We will also provide a cover letter sample for the I-140 petition.

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      Sample Request for Evidence: [coming soon] Requests for evidence can be used to strengthen the case.

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      Forms: Here is a list of the forms that are needed by USCIS

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      Sample Checklist: [coming soon] We look at the client’s unique situation and create customized checklists to strengthen their cases.

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      USCIS Fee Calculator: This is to help calculate how much the filing fee will be.

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      USCIS Mailing Address: This address is where it is mailed to USCIS.

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      USCIS Processing Timetable: This will help you figure out how long it will take to process.

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      ASC Field Offices: Listed are the addresses of the field offices for the bio-metrics.

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      FREQUENTLY ASKED QUESTIONS

      What are the benefits of EB-1C?

      • Relocating with family
        1. EB-1C allows intracompany transferees to bring their families with them to the U.S. Moreover, after adjusting status, their family members are eligible to apply for employment authorization to legally work while they’re in the U.S.

      • No labor certification requirement
        1. The employer sponsoring the immigration petition does not need to show that there is a shortage of qualified U.S. workers, which expedites the visa application process and ultimately allows the alien to receive a green card much faster, without the need to go through a conditional green card first.

        2. With a green card, aliens can travel abroad freely without having to obtain advance parole or worry about jeopardizing their legal status.

        3. In the comparable L-1A visa category, labor certification is required. (the chances an EB-1C petition is approved increase considerably if the beneficiary had L-1A status previously.)

      • No personal investment
        1. Unlike in the EB-5 visa, alien beneficiaries of EB-1Cs do not need to satisfy extensive capital requirements or create jobs as a result of the business conducted.

        2. Moreover, because employers serve as petitioners for EB-1C applications, employers do most of the work required and pay the filing fees.

      Can I self-petition for EB-1C?

      No. A U.S. employer must petition for the alien under this classification. Accordingly, the alien employee is the beneficiary of an EB-1C application.

      Does the petitioning U.S. employer need to have a labor certification approved by the U.S. Department of Labor?

      No. Labor certification is not required for this classification, which is an advantage of EB-1C (as well as the other employment-based, first-preference visas: EB-1A and EB-1B). However, there must be an offer of employment from the U.S. employer.

      What does “multinational” mean?

      Multinational means that the qualifying business entity, or its affiliate or subsidiary, conducts business in two or more countries, one of which is the United States, where the petitioning employer is located.

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      SCHEDULE A SESSION

      Call or email us to set up your 1-hour consultation. Easily pay the $250 consultation fee over the phone or through our email link. If you would like to have a quick chat with our team before setting up the consultation, feel free to use the calendar on the right to book your 10 minute call.

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