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This category of immigration visa intends to facilitate the movement of high-level managers and executives employed by transnational companies. No labor certification is required for this classification.
To qualify for EB-1C, at least the following requirements must be met:
a) The alien must have been employed for at least one year by a foreign employer and must be coming to the United States to render services to the same employer or to a subsidiary or affiliate as a manager or executive. b) The U.S. employer has been doing business for at least one year. c) The alien is to be employed in the U.S. in a managerial or executive capacity. If the alien is abroad, then the one year of qualifying employment must be within the three years prior to the filing of the petition; or if the alien is already in the United States and working for the same employer or a subsidiary or affiliate where the alien was employed abroad, then the one year of qualifying employment must be within the three years prior to the alien's entry as a nonimmigrant.
For managerial or executive capacity, an individual is not considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that he or she supervises or directs. A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties, unless the employees supervised are professionals.
Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.
Affiliate means: (1) One of two subsidiaries both of which are owned and controlled by the same parent or individual, or (2) One of two legal entities owned and controlled by the same group of individuals, each individual owning and controlling approximately the same share or proportion of each entity, or (3) omitted (partnership providing accounting services).
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