EB-1C Visa for Translators and Executive Directors

First, we want to say that this category of visa is much more preferable than other visas. The EB-1 visa is granted to foreign nationals who have achieved certain successes in arts, sciences, education, business, or sports. It provides both the right to reside in the United States and the opportunity to be employed based on the professional skills and achievements you possess, and accordingly, on which you submit your visa application package. Obtaining this visa usually does not take much time. Moreover, more than 40,000 citizens from Kazakhstan and other nearby countries apply for it annually. Furthermore, if you already have a visa of another category, it can be easily switched to an EB-1 visa, either at your consulate or directly in the USA.

EB-1C Visa — A Special Visa Category for Executives

The fact is that this category of visa was partially created specifically for those who already have a non-immigrant L-1A visa, which grants temporary residency. The EB-1 category provides legal permanent residency in the states. Moreover, the L-1A visa is formally considered a kind of small privilege, giving a very high chance of approval for an EB-1 visa. However, having an L-1A visa is certainly not a panacea, and the immigration attorneys our company collaborates with have repeatedly helped obtain an EB-1 visa even without an L-1A.

Now let's talk exclusively about the EB-1C visa. It is intended for senior managers and directors of companies that wish to strengthen their business position in the US market. Usually, after obtaining the visa, the company opens one of its branches in the states. Like any other category, this category of immigration visas has its requirements, distinguishing between requirements for the company and those for the employees obtaining the visa.

Requirements for Companies

When sending your senior directors and managers to the states, be sure to ensure that your company clearly meets the following main criteria:

• The company must prove the existence of a connection with the foreign enterprise, meaning that both the foreign and the company "moving" to the states are legitimate entities. For example, it can be a parent or subsidiary company, office, or branch.
• The company must be an employer both in the USA and outside of the USA. That is, it must conduct business in the USA as well as in at least one other country, acting "directly" or through a legitimate organization, and services must be provided continuously and systematically.
• Presence for at least 1 year in the US market.

As we see, the conditions are quite simple, completely transparent, and, in general, easily achievable. Moreover, they do not require a large package of documents. This applies to large companies and even corporations. If, however, you own a small, lesser-known firm, do not despair; the document package may just be a bit wider.

In this case, of course, you cannot act independently, but you must seek assistance from an immigration attorney. We will provide comprehensive consultation from immigration attorneys, choose the optimal way to represent your business, prepare all financial and corporate documents, and gather and prepare all necessary documentation for your immigration attorney.

Requirements for Obtaining EB-1C Visa for Employees

The main requirement for an employee is that the minimum length of their employment at the foreign office of the main company, subsidiary, or in the American branch must be at least one year, and the total length of employment at this company must be the last three years. In the USA, they must apply for a managerial or administrative position.

The main criteria for meeting this requirement are the applicant's ability to prove that they:

• Are managing a department, project, or branch of the company in the states;
• Have employees under direct supervision, control the work of these and other employees in the same direction, and/or are responsible for vital departments, divisions, etc.;
• Have the right to hire and fire employees or possess other personnel decisions;
• Participate in overseeing the daily operations of the company.

Let’s clarify with an example:

Sergey Anatolyevich is applying for an EB-1C visa. He holds the position of senior manager in his company. The headquarters of the company will be located in the United States. Sergey Anatolyevich has 15 employees under his supervision; unfortunately, they are not certified specialists. In this case, our applicant cannot qualify for this category of visa precisely because his subordinates are not specialists.

Based on this, an applicant for a visa meets all the requirements if they:

• Manage the entire organization, a single project, or a leading area of the company's work;
• Control and determine at least part of the company's current tasks;
• Make decisions strictly at their discretion;
• Top management, shareholders, or the owner of the company provide this employee with only general guidance, while all decisions are made completely independently by them.

Let's consider the standard ways to obtain a visa of this category.

Main Ways to Obtain EB-1C Visa

The methods for obtaining this visa are generally no different from obtaining other immigration visas. There are two main methods:

1. The ability to change the visa status. Suitable if the immigrant already resides in the States.
2. By applying directly to the U.S. consulate. In this case, the visa applicant sends the following petition documents to the U.S. Citizenship and Immigration Services (USCIS):

• Form I-140 (Petition for Alien Workers), which can be downloaded from the USCIS website;
• A cover letter of employment from the American employer, confirming that the foreigner will work in the U.S. strictly within their competency;
• Other documentary evidence required for the petition.

In the first case, it is necessary to obtain confirmation of Form I-140 and submit Form I-485 (Application) to change the visa status. In the second case, the form is submitted directly for visa acquisition. After approval of this application, the applicant will receive a residence permit by mail, i.e., a Green Card. If you applied for the visa while in your country, your current visa will be activated immediately upon arrival in the U.S. The approval of the USCIS petition will serve as confirmation of status until the Green Card is received by mail.

Now let’s discuss what needs to be provided as proof of your status.

What requirements must be met

The visa applicant for the executive director or company manager must demonstrate a clear connection between the foreign company and the company located in the U.S.

Various variations are possible, depending on the company's ownership structure. 

If it is a large corporation, it will be sufficient to provide a statement from either the company president or their authorized representative, as well as the secretary or another authorized official of the firm. The statement must describe the ownership structure and control of each of these lawful organizations. Additional supporting documents may include:

• The latest annual report of the company, 
• Reports to the Securities and Exchange Commission, 
• Exchange reports.

In all these and other supporting documents, both the parent and subsidiary companies must be mentioned. 

If the company is represented as a small firm, in addition to the statement from the authorized official about the ownership and control structure, it is mandatory to submit:

• Records of shareholder ownership, 
• Profit and loss statements,
• Other accounting reports,
• Tax payment documents, 
• Company charter, 
• Bylaws and minutes of board meetings.

If a new office is opened in the United States, it will be necessary to provide proof of ownership and management of the company plus documents confirming the economic feasibility of opening a new branch. These can include:

• Proof of company capitalization, 
• Proof of financial sources from the foreign company, 
• Company charter, 
• Its bylaws, 
• Minutes of board meetings, 
• Corporate bank balance, 
• Profit and loss reports, 
• Other accounting reports 
• Tax payment reports.

The visa applicant for this category must hold an executive or administrative position. This must be confirmed by a special letter from the authorized person, possibly the owner, or the company's director. The letter must state the position the applicant held in their home country and the one they will occupy in the U.S. 

Now let’s focus on the main advantages that holders of this visa category receive.

Main advantages of the EB-1C visa

This visa category provides numerous benefits for leading directors and qualified managers of the company who plan to live and work in the U.S. Let's examine some of them.

The ability to relocate to the U.S. with family. Since you and your family all receive Green Cards (family includes husband or wife and children under 21). Agree, this is a significant advantage, as with other visa categories, family reunification can sometimes take up to a year or more.

No need to obtain a labor certification from the U.S. Department of Labor. In this case, the company director (the person initiating the petition for the employee's immigration) does not need to provide evidence of a shortage of qualified American workers, although it can expedite the visa acquisition process, but it increases the time for the future immigrant to receive their Green Card. The right to enter and exit the States remains fully with the foreign citizen.

It is worth noting that the chances of approval for the EB-1C petition are very high if the beneficiary previously held L-1A status.

  Now let’s detail the list of documents that need to be provided.

Main documents required from transfer managers or executive directors of the company

Documents required from the American branch.

• Certificate of registration or association;
• Application for obtaining an Employer Identification Number (Form SS-4);
• Company stock certificates;
• Lease agreement for the place of business;
• Bank statement or bank transfers evidencing initial investments;
• Accounting reports certified by auditors (balance sheets, profit and loss statements, cash flow statements);
• Corporate income tax return, Form 1120 (if available);
• Employer's quarterly report, Form 941 (if available);
• Description of the business entity;
• Commercial contracts, invoices, waybills, letters of credit, etc.;
• Bank statements;
• Company letterhead (several sheets);
• Company structure, hiring plan for new employees;
• Photographs of the head office (inside and outside).

Documents from the foreign branch of the company.

• Business license;
• Certificate of registration;
• Income tax returns for the last three years;
• Accounting reports certified by auditors (balance sheets, profit and loss statements, cash flow statements);
• Organizational chart, total number of employees, position held by the transferred manager;
• Brochure about the company or its products;
• Business transaction documents (contracts, waybills, letters of credit);
• Bank statements or transaction records;
• Letterhead with the company logo, name, and address (several sheets);
• Photographs of the head office, factories, or buildings (only if not included in the brochure).

Documents required from the transferring employee.

• Resume;
• Diploma;
• Letter from the foreign company's workplace;
• Board of directors’ resolution or appointment documents confirming the transfer;
• Any other documents confirming the transferred employee's ability to conduct business in an executive position.

Finally, let’s discuss why it is so important to entrust the processing of this visa to specialists, rather than attempting to do everything yourself.

Why is it so important to seek our help?

The decision you made to move to the States for permanent residence is not spontaneous. That’s why every detail matters. It can be very frustrating if you are denied a visa due to the slightest oversight on your part. Subsequent applications may not be possible immediately, and there is no guarantee they will be successful.

For successful visa acquisition, it is crucial to:

• Determine its category (you may need a completely different category);
• Prepare the entire package of documents;
• Prepare and submit the petition within the timeframes required by U.S. immigration law;
• Wait for the successful acquisition of the visa.

Agree, this path is quite long. Our company collaborates with licensed immigration attorneys who are well-acquainted with the requirements of all government structures. We handle the preparation of all documents for your business in the U.S. Therefore, by reaching out to us for help, you are making your relocation successful, quick, and comfortable.

This article is for informational purposes only. The final decision on which immigration program and visa is best for you is made only by an immigration attorney. We can recommend several immigration attorneys with whom we work, who have good experience obtaining EB1 category visas for our clients.