- The EB-1C is a first preference immigration petition, which applies to an alien who has been employed outside the U.S. by a firm or corporation and seeks to enter the U.S. to continue service to that firm or organization.
- No labor certification is required although an offer of employment is required.
- The alien must have been employed abroad in the 3 years preceding the petition for at least 1 year by a firm or corporation;
- The alien must be seeking to enter the U.S. to continue service to that firm or organization;
- The petitioner must be a U.S. employer.
- The petitioner must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed the alien abroad;
“Managerial capacity” means an assignment with the organization in which the employee personally:
- Manages the organization, department, subdivision, function or component;
- Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
- Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, function at a senior level;
- Exercises discretion over day-to-day operations of the activity or function;
- First line supervisors are not considered managers unless the employees they supervise are professionals;
- Functional manager need not oversee any employees but must manage an essential function or operation within the organization.
“Executive capacity” means an assignment in an organization in which the employee primarily:
- Directs the management of the organization or a component or function;
- Establishes goals and polices;
- Exercises wide latitude in discretionary decision making;
- Receives only general supervision or direction from higher level executives, board of directors or stockholders.