How To Take Advantage of EB1C Provisions

Many people want to become permanent residents of the United States for one reason or another, but not everyone qualifies. There are various provisions under the law that allow for certain categories of individuals to more easily apply for such residency status than others. The EB1C provision is basically a petition that multinational companies can use to get their top level managers and executives to live in the United States on a more permanent basis. This is important as it provides for employee stability in a global marketplace. Here are some things you will want to consider as you pursue this option.

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From an Employer’s Perspective

As you consider the eb1c requirements, it is important to remember that the company must have a presence in the United States, complete with established employees, and have a qualifying relationship already solidified with an international company. This can be in the form of having a branch, subsidiary, or affiliate opened in the United States. Another requirement is that the company needs to be operating, either directly or indirectly, in the United States and at least one other country. It must be providing goods or services in those locations.

From an Employee’s Perspective

As mentioned, part of being granted EB1C status is being able to demonstrate that the employee holds a certain position of value within the company. This is usually defined as being a manager, which means that the individual needs to be responsible for some function of the company within the United States. The employee must have the authority to make staffing decisions, and he or she must directly be in control of other employees. The government will also look to see if the employee has some discretion over how the daily functions of the company are carried out in the United States.

It is important to start gathering the necessary documents and other items as soon as possible in the process. You will also want to use a lawyer to help facilitate the application. This will help things to go more smoothly, as an immigration attorney will be more intimately familiar with the proceedings and how to get everything completed on time and with maximum efficiency.