EB-1C is one of the several categories ESTABLISHED by the U.S. Congress for obtaining immigrant status, i.e., for attaining U.S. lawful Permanent Residence. Immigrants refer to foreign individuals coming to the United States permanently. They are more officially known as “Lawful Permanent Residents.” These terms are used interchangeably. The categories for employment-based immigrants are defined in the Immigration and Nationality Act. What is become known as EB-1C immigrants refer to the category of aliens who are eligible for permanent residence as intra-company transferees and continuing to work in the United States in a managerial or executive capacity.

When an employer wishes to transfer an alien employee WORKING abroad to a U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations, the petitioner must show that the foreign employer and the U.S. employer are the same employer (i.e., a U.S. entity with a foreign office), or related as a parent/subsidiary or as affiliates. 

In this regard, ownership and control are the FACTORS that must be examined in determining whether a qualifying relationship exists between the U.S. company and foreign entity for PURPOSES of this visa classification. In the context of this visa petition, ownership refers to the direct or indirect legal right of possession of the assets of an entity with full power and authority to control; control means the direct or indirect legal right and authority to direct the establishment, management, and operations of an entity. In addition, the petitioner must demonstrate that the U.S. organization has the ability to pay the beneficiary’s salary.

The petitioner must demonstrate that the:

• U.S. organization and the organization abroad maintain a qualifying relationship;
• U.S. organization and the organization abroad are both actively engaged in doing business; and
• U.S. organization has been actively engaged in doing business for at least one YEAR.

EB-1C is one of the several categories established by the U.S. Congress for obtaining immigrant status, i.e., for attaining U.S. lawful Permanent Residence. Immigrants refer to foreign individuals coming to the United States permanently. They are more officially known as “Lawful Permanent Residents.” These terms are used interchangeably. The categories for employment-based immigrants are defined in the Immigration and Nationality Act. What is become known as EB-1C immigrants refer to the category of aliens who are eligible for permanent residence as intra-company transferees and continuing to work in the United States in a managerial or executive capacity.

When an employer wishes to transfer an alien employee working abroad to a U.S. company as an EB1 Multinational Executive or Manager immigrant, a qualifying relationship must exist between the foreign employer and the U.S. employer. A qualifying relationship exists when the U.S. employer is an affiliate, parent or a subsidiary of the foreign firm, corporation, or other legal entity. To establish a qualifying relationship under the regulations, the petitioner must show that the foreign employer and the U.S. employer are the same employer (i.e., a U.S. entity with a foreign office), or related as a parent/subsidiary or as affiliates. 

In this regard, ownership and control are the factors that must be examined in determining whether a qualifying relationship exists between the U.S. company and foreign entity for purposes of this visa classification. In the context of this visa petition, ownership refers to the direct or indirect legal right of possession of the assets of an entity with full power and authority to control; control means the direct or indirect legal right and authority to direct the establishment, management, and operations of an entity. In addition, the petitioner must demonstrate that the U.S. organization has the ability to pay the beneficiary’s salary.

The petitioner must demonstrate that the: