When Should Immigrants Consider an EB-1C Strategy?
- Junayd Rehman
- 7 days ago
- 5 min read
By Amber Davis, Principal Attorney at Waypoint Immigration USA
When Should Immigrants Consider an EB-1C Strategy?
If you're an executive or a manager working abroad, and you're thinking about moving to the United States permanently, you may have already heard about the EB-1C immigrant visa. It's an incredibly powerful immigration tool, but it's also very specialized, and it's not the right fit for everyone. So, when should you start thinking seriously about an EB-1C strategy?Â
What Is the EB-1C Visa, Exactly?
The EB-1C is an immigrant visa ("green card") for multinational executives and managers. It’s part of the first preference employment-based immigration category (EB-1), alongside EB-1A (for individuals of extraordinary ability) and EB-1B (for outstanding professors and researchers).
To qualify for the EB-1C, you need to:
Have worked outside the United States for at least one full year in the past three years.
Have worked for a related entity abroad that is within the same corporate group that you are joining or working for in the U.S. in an executive or managerial capacity.
Be coming to the U.S. to work for a U.S. office of that company in an executive or managerial role.
In short: this green card is for high-level leaders transferring from their company's foreign office to its U.S. office.
Why Should You Care About the EB-1C?
The EB-1C category has a few unique advantages:
No PERM labor certification required. (This is huge—you can skip the long, uncertain recruitment process.)
Priority processing compared to other employment-based green cards (though timelines can vary depending on your country of birth).
Clear path for multinational businesses. If your company already operates in the U.S. or plans to open a U.S. branch, the EB-1C can be a natural fit.
But it's not a "one-size-fits-all" solution. Timing, company structure, and your exact role all matter.
When Should You Start Considering an EB-1C Strategy?
Here are the key moments when it makes sense to think seriously about pursuing an EB-1C:
1. You're Already Working for a Global Company Abroad
If you're currently an executive or manager at a company that has a U.S. office or plans to open one, that's your first major green flag.
Think about it:Â If you're in a leadership position abroad, and the company has U.S. operations, the EB-1C is a natural way to keep your career trajectory intact as you move internationally.
Tip: Even if your company doesn't yet have a U.S. office, but plans to establish one, it’s worth consulting an immigration attorney early. Starting from scratch will take more time, but it’s absolutely doable with the right planning.
2. Your Role Qualifies as Executive or Managerial
The EB-1C is strictly for executives and managers (L-1B specialized knowledge employees cannot use this category!). Here’s what that means:
Executive role:Â You direct management-level employees or make wide-ranging decisions without much oversight.
Managerial role:Â You supervise professional employees or manage an essential function of the business (even if you're not supervising people directly).
If you’re mostly performing technical work yourself, even at a senior level, you may not qualify.
Ask yourself:
Am I primarily managing people?
Or am I primarily managing a critical function (like finance, marketing, or strategy) of the business with significant autonomy?
If the answer is yes, EB-1C should be on your radar.
3. You Have at Least One Year of Full-Time Employment Abroad
To qualify, you need one year of full-time work abroad with the company (or a related company)
within the last three years before you entered the U.S.
If you recently transferred to the U.S. on an L-1A visa (the nonimmigrant cousin of the EB-1C), you can still qualify, as long as your year abroad was within the three-year window before your U.S. transfer. This is the most common, but not the only, scenario.
Timing matters. Always discuss with an immigration attorney before your time abroad gets too distant.
4. Your Company Has a Solid U.S. Presence or Plans to Establish One
The U.S. office you are transferring into must be a "qualifying relationship" with the foreign entity. That means:
Parent company
Branch
Subsidiary
Affiliate
And it must be a real, operating business, not just a mailbox.
If your company is newly opening in the U.S., you can enter on the L-1A initially, but you'll usually need to show that the company is fully established and in a solid financial position with real operations, employees, and the need for an executive or manager before you can apply for EB-1C.
If the U.S. office has already been running successfully for some time, that's even better.
Pro Tip:Â If you're still in the "planning" stages, build a strong business plan early on and get the L-1A for a few years first. Immigration officers expect to see serious operations, not just future promises.
5. You're Already on an L-1A Visa in the U.S.
Many executives and managers come to the U.S. initially on an L-1A nonimmigrant visa. If that's you, the EB-1C could be your natural next step.
The L-1A visa is temporary, max seven years. If you want to stay permanently, you need to transition to a green card.
Good news: The L-1A and the EB-1C have very similar eligibility requirements. If your L-1A was approved, chances are you’re in a good position for the EB-1C, but you'll need to prove ongoing qualifications at the time of filing.
Don't wait too long to start. Filing early allows you to adjust your strategy if needed.
6. You Want to Avoid Labor Certification (PERM)
PERM labor certification is a long, uncertain process. It requires your employer to test the U.S. labor market to prove no qualified American workers are available for your role.
It’s costly, time-consuming, and––particularly nowadays––full of potential pitfalls.
EB-1C skips PERM entirely. You apply directly for the green card. If you're eligible, this can save years compared to other paths like EB-2 or EB-3.
If time is a factor for you, say, for family planning, career goals, or aging out dependents then the EB-1C’s direct path becomes even more attractive.
7. You're from a Country with Employment-Based Visa Backlogs
Applicants from India, China, and a few other countries often face long wait times for green cards in categories like EB-2 or EB-3.
EB-1 categories typically have shorter backlogs, although that can change depending on government demand.
If you’re from a country with a heavy backlog and you qualify for EB-1C, it can dramatically shorten your green card timeline.
Caution:Â Check the latest Visa Bulletin. Even EB-1 sometimes faces backlogs, but it's generally still faster than the alternatives.
A Word of Caution: EB-1C Isn't Right for Everyone
Despite its advantages, EB-1C is not for everyone. Here are some signs it might not be the right fit:
You don't have real executive or managerial duties.
You haven’t spent a full year abroad with the company as a manager or executive.
The U.S. office is still too small to justify an executive or managerial transfer.
If any of these apply, don’t worry. There are often other strategies you can consider.
Final Thoughts: Timing and Strategy Matter
An EB-1C strategy requires careful planning. It's not just about meeting the basic requirements; it's about documenting them well, timing your filings correctly, and proving the company's structure and operations in the U.S. and abroad.
Starting early and getting good legal advice makes a world of difference.
At our firm, we’ve helped many multinational executives and managers successfully make the transition to permanent residence through the EB-1C. Whether you’re still abroad and thinking about a future move, or you're already in the U.S. on an L-1A visa, we'd be happy to talk strategy with you.
Your career path deserves a green card that matches your level of leadership. Let's build that path together.
Interested in exploring whether the EB-1C is right for you? Contact us today for a personalized consultation.