EB1C Executives and Manager Visa from Bangladesh
EB-1C is a type of permanent residency that some multinational executives and managers can get.
“Petitioner” is what the U.S. employer is called, and “Beneficiary” is what the foreign worker is called.
EB-1C eligibility requirements:
- Being a certain multinational executive and manager;
- In the previous 3 years has been employed for at least 1 year by a foreign affiliate or subsidiary;
- Will continue to render services to the same employer, subsidiary or affiliate in a managerial or executive capacity in the U.S.
EB-1C eligibility requirements will be discussed in detail below.
Advantages and Disadvantages of EB-1C
EB1C Executives and Manager Visa from Bangladesh advantages:
- EB-1 category has shorter backlogs or no backlogs. For applicants born in India and China facing years-long backlogs in the EB-2 and EB-3 categories, this is an important consideration;
- EB-1C category doesn’t have a labour certification requirement;
- EB-1C category generally comes with the ability to concurrently file an adjustment of status petition with the Form I-140 since the EB-1 category is often “current” for most applicants.
- EB-1C category requires foreign employment abroad for a company related to the U.S. petitioner;
- Business in the United States must be operating for at least a year before the I-140 petition can be filed;
- USCIS rules seem to favor larger organizations with multiple layers in the organizational hierarchy. Startups can face more challenges.
For an employer to meet the EB-1C requirements, there must be a qualifying relationship between a foreign company and an employer that is already doing business in the United States.
There is no rule that says the U.S. company and the foreign company have to be in the same business field.
For EB-1C cases, it’s important to show that the U.S. entity and the foreign entity that is sending the beneficiary to the U.S. are owned and controlled by the same people and have the right kind of relationship.
Before coming to the United States, the law says that the beneficiary must have worked for an affiliate or subsidiary of a U.S. firm, corporation, or other legal entity.
According to USCIS Manual:
- 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”, the petitioner must show that the beneficiary’s foreign employer and the proposed U.S. employer are the same employer (i.e., a U.S. entity with a foreign office) or related as a “parent and subsidiary” or as “affiliates.”
- Joint ventures may also qualify as a subsidiary.
- The rules allow for a broader reading of “control” to include a stake less than 50% if one entity has effective control over the other.
- For startups, USCIS allows for “self-incorporated” petitioners with as few as one owner or employee to seek an EB-1C as long as the corporation is a “separate and distinct legal entity from its owners or stockholders.”
Keep in mind that if a company stops doing business abroad before the beneficiary has finished getting their immigrant visa, the visa will be denied.
The employer must have been “in business” in the U.S. for at least a year.
An EB-1C green card can’t be given to an executive or manager of a brand-new company or a new branch of an old company.
What is meant by “doing business”?
- “The regular, systematic, and continuous provision of goods and/or services by a firm, corporation, or other entity and does not include the mere presence of an agent or office.”
EB-1C petitioners are required to demonstrate that they have the ability to pay the offered salary. The following documents can be submitted to USCIS as proof of ability to pay:
- Annual reports;
- Federal tax returns;
- Audited financial statements.
The applicant must meet the following requirements:
- The beneficiary must have been employed full-time by an overseas entity for a period of at least one year during the three years before the date the immigrant visa petition is filed;
- The work abroad must have been in a managerial or executive capacity and the beneficiary must be coming to the United States to work in a “managerial” or “executive” capacity.
According to USCIS, managerial capacity means that the employee primarily:
- Manages the organization, or a department, subdivision, function, or component of the organization;
- Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
- If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization), or, if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
“Function managers” may also qualify for the EB-1C category.
According to USCIS, “functional” or “function manager” is someone who:
- Does not supervise or control the work of a subordinate staff;
- Instead is primarily responsible for managing an “essential function” within the organization.
A manager may qualify as a “function manager” if the beneficiary will be primarily managing or directing the management of a function of an organization, even if the beneficiary does not directly supervise any employees.
A function manager will have the following characteristics:
- Manages the organization, or a department, subdivision, function, or component of the organization;
- Manages an essential function within the organization, or a department, or subdivision of the organization;
- Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
- Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.
“Executive capacity” is defined by law as an employee who primarily:
- Directs the management of the organization or a major component or function of the organization;
- Establishes the goals and policies of the organization, component, or function;
- Exercises wide latitude in discretionary decision-making; and
- Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
With respect to newer U.S. operations, there must be sufficient staff (e.g., contract employees or others) to enable the beneficiary to be primarily employed in the executive function.
The petitioner must also establish that the U.S. entity itself is in fact conducting business at a level that would require the services of an individual primarily engaged in executive (or managerial) functions.
To prepare a strong EB-1C application, you should be very specific about:
- Job duties;
- The percentage of time being spent on each job duty;
- How the employee is going to manage a function or a department;
- How an executive’s senior-level role is reflected in their day-to-day specific job duties;
- Organizational chart;
- Showing there are sufficient employees below in the hierarchy managing everyday operation and that the manager or executive is not also filling those roles.
EB-1C application should be accompanied by a letter from the foreign entity verifying:
- One year of full-time employment outside the United States;
- The nature of the work performed abroad by the petition beneficiary and the salary paid;
- Foreign company’s organizational chart showing the beneficiary’s role.
EB-1C Checklist of Required Documents
|Type of document||Examples of acceptable documents||Who provides it|
|Foreign company documents||◉ Incorporation documents:Partnership or Joint Venture Agreement;Articles/Memoranda of Incorporation;Bylaws;Stock certificates/ledger;Name change/registration.|
◉Company annual report/marketing brochure/resume;
◉Lease/deed;Mortgage or rent receipts;Organizational chart;
◉Articles, promotional materials about the company, its products, services or key people;
◉Recent company tax return or financial statement;
◉Awards, memberships or special achievements by the company or key personnel;
◉Photographs of the inside and outside of the facilities.
|U.S. company documents||◉Incorporation documents;Branch qualification to do business in the U.S. or state;|
◉ Business permits/licenses/registration;Company’s annual report/marketing brochure/resume;Latest financial statement or federal tax return;
◉Four most recently filed IRS Form 941 Employee Quarterly Report;Four most recently filed State Employee Quarterly Reports;
◉Documentation showing any changes affecting corporate structure (if applicable);Lease/deed;
◉Mortgage or rent receipts;Organizational chart;
◉ Articles, promotional materials about the company, its products, services or key people;Awards, memberships or special achievements by the company or key personnel;
◉Photographs of the inside and outside of the facilities.
|Employee’s position abroad||◉ Highly detailed job description of the employee’s position abroad, including:|
◉Foreign job title;Description of duties;Task performed in the position;
◉Estimated percentages of time spent on each activityDescription of how the beneficiary supervised and controlled the work of other supervisory, professional, or managerial employees, or Managed an essential function, department or subdivision of the organization.
◉ Organizational chart which should list:Beneficiary’s position;
◉ All employees in the employee’s immediate division, department, or team by name, job title, summary of duties, education level and salary.If the beneficiary supervised other employees:
◉ Work product examples showing how he supervised and directed these employees (for example, copies of performance appraisals or reviews, any other evidence that demonstrates the beneficiary had sufficient managerial authority).
◉ Payroll records showing employment of all employees under the beneficiary’s direction;Pay stubs or other documentation showing employee’s employment by the foreign company for at least one year during the previous three years.
|Offered U.S. position||◉ Highly detailed job description of the U.S. position being offered, including:Job title;Description of duties;Tasks performed;Estimated percentages of time spent on each activity|
◉ Description of how the beneficiary will supervise and control the work of other supervisory, professional, or managerial employees, or Manage an essential function, department, or subdivision of the organization.Organizational chart showing:U.S. position being offered to the employee;
◉ All employees in the employee’s immediate division, department, or team by name, job title, summary of duties, education level and salary.If the beneficiary will supervise other employees:
Work product examples showing how he supervised and directed these employees (for example, copies of performance appraisals or reviews, any other evidence that demonstrates the beneficiary had sufficient managerial authority).
◉ Payroll records showing employment of all employees under the beneficiary’s direction;Employment agreements entered into by newly hired employees now shown in the payroll records who will be managed by the employee;
◉Assignment or transfer letter/contract showing proposed terms of assignment and salary.
Here is a general list of some of the documents you should include with your EB1C visa petition:
- Signed statements from authorized representatives of the US company and foreign company explaining the qualifying relationship between the foreign company and the US company.
- Tax returns for both the US company and the foreign company.
- Records of stock ownership for both the US company and the foreign company.
- Articles of incorporation for both the US company and the foreign company.
- By-laws for both the US company and the foreign company.
- To prove that the business has been operating for 1 year you should submit the US company’s business license, lease agreement for business office, state and federal tax returns, W-2’s for employees, business pamphlets and other promotional material.
- Detailed organizational charts for both the US company and the foreign company.
- Signed statements from authorized representatives of the US company and foreign company clearly explaining the foreign workers job description and daily duties with percentages of time spent on each task.
What is the Process of Applying for an EB1C Executives and Manager Visa from Bangladesh?
i. Step 1: Hire an Immigration Lawyer
The first step in applying for an EB1C visa is to hire a qualified immigration lawyer. Your immigration lawyer will analyze the specific details of your case and provide you with a plan for how to proceed.
Your immigration attorney will also give you a list of all the documents you need to file your EB1C petition. Your job will be to gather these documents and give them to your immigration lawyer so that he or she can make your immigrant petition and send it in.
ii.Step 2: File Form I-140
The Immigrant Petition for Alien Worker is another name for Form I-140. This is the first form that will be filled out on your behalf by your immigration lawyer. The petitioner is the US company, and the beneficiary is the foreign worker.
Along with the Form I-140, your immigration lawyer will also send all supporting documents, such as organization charts, tax records, signed statements, etc.
iii. Step 3: Changing your status or getting a visa
The next step will depend on the specifics of the EB1C visa recipient’s case. There are two different ways to move forward:
- Adjustment of Status
- Visa Processing
Adjustment of Status
- The adjustment of status is the process of going from non-immigrant status to immigrant status.
- An adjustment of status is an option available to certain non-immigrants who are lawfully present in the United States in a non-immigrant status. For example, if you lawfully present in the United States in L1 status, then you may be eligible for an adjustment of status.
- In order to do an adjustment of status, your immigration lawyer will file a Form I-485. The Form I-485 is also called the Application to Register Permanent Residence or Adjust Status.
- In certain cases, you may be able to file your adjustment of status application concurrently with your Form I-140. You are typically granted work authorization within 90 days of filing your adjustment of status application.
- If you are not lawfully present in the USA, then you will likely go through visa processing. Visa processing, also referred to as consular processing, is the process of getting a visa at a US Consulate abroad.
- In order to do visa processing, you will file a Form DS-260 (Immigrant Visa Application) with the appropriate US consulate. Once your DS-260 is processed, you will schedule and attend a visa interview. Upon successful completion of your visa interview, you should get an EB1C visa.
The EB1C visa is a great way for a foreign company to send a manager or executive to work for a related US company. With an EB1C visa, a foreign worker can get a US green card, which allows them to live and work in the US.
It is very important to make sure you meet all of the EB1C visa requirements if you want to get an EB1C visa approved. Since EB1C is an immigrant classification and qualifies for a green card, it is handled more strictly than L1 visas.
If you need help applying for an EB1C visa or have questions about this guide, please email me at [email protected]
A top immigration law firm in Bangladesh, Tahmidur Rahman Remura is based in Dhaka. Our law firm helps professionals and business owners get visas to the U.S., and we would be happy to help you as well.