An EB-1C lawyer first looks at three things: whether the beneficiary was an executive or manager for 1 year with a related company abroad during the required period, whether the U.S. company has been doing business for 1 year, and whether the U.S. position is primarily managerial or executive in nature. Only if all three are met can the U.S. employer file the I-140. This path does not require a labor certification, but the company must file it, and you cannot file it yourself. The information below is current as of November 6, 2026.
What the Company Must Meet
- The U.S. company and the foreign company must be the same employer or have a parent, subsidiary or affiliate relationship. The officer looks at ownership and control.
- At the time of filing, the U.S. company must already have been doing business for 1 year.
- The relationship between the two sides must continue: the U.S. company and at least one foreign related company must keep operating until the visa is issued or status is adjusted.
- The U.S. company must be able to pay the offered compensation.
- A sole proprietorship cannot petition for its owner.
The green card category has no "new office" arrangement. L-1 may be filed for a new office; EB-1C may not.
How the Year Abroad Is Counted
If you are outside the United States, the question is whether you were an executive or manager for 1 year with a related company abroad during the 3 years before filing. If you are already working in the United States for the same group in a nonimmigrant status, the question is the 3 years before you entered.
The year does not have to be continuous, which differs from L-1. But if you left that organization for more than 2 years after coming to the United States, you generally must work for it abroad for another full year to meet the requirement.
Telling Managers and Executives Apart
Titles are not decisive; the officer looks at actual duties.
- Personnel manager: Manages professional employees or other managers and has authority to make or recommend personnel decisions such as hiring and firing.
- Function manager: Primarily manages an essential function of the company rather than performing it personally, with day-to-day decision-making authority over that function. Direct subordinates are not required.
- Executive: Directs the whole organization or a major component, sets goals and policies, has broad decision-making authority and receives only general supervision.
Small companies need particular care. A one-person company may qualify, but it is hard to prove that the main work is management rather than day-to-day operations. Setting out the organizational structure and duties clearly is more useful than choosing an impressive job title.
How It Connects to L-1
An L-1A holder can evaluate EB-1C, but an approved L-1 does not mean you qualify for EB-1C. For example, if an L-1 new office has been operating for less than 1 year, an EB-1C cannot yet be filed. The company's size, its staff structure and your actual work all have to be looked at again. For the requirements of L-1 itself, see L-1 Visa Lawyer: Intracompany Transfers and New Offices.
Fees and visa backlog
The I-140 fee is $715 on paper and $665 online. Asylum Program Fee: $600 for a regular employer, $300 for a small employer and $0 for a nonprofit. The premium processing fee is $2,965, and the target time frame for EB-1C is 45 business days, longer than for EB-1A and EB-1B.
In the November 2026 Visa Bulletin, the EB-1 Final Action Date for people born in mainland China is August 1, 2023 and the Dates for Filing date is July 1, 2024; for most other regions there is no wait. USCIS has confirmed that for November 2026 the I-485 may be filed using the Dates for Filing chart; this is announced separately each month, and the dates may change every month. A May 2026 USCIS memorandum (PM-602-0199) describes adjustment of status as exceptional discretionary relief, under which the officer looks at the status record and whether the person could have used consular processing instead; holding a dual-intent status also does not mean approval is certain. Evaluate this before filing the I-485.
What to prepare
- Registration documents for both companies, the ownership structure and proof of control.
- Evidence of 1 year of U.S. company operation: tax returns, financial statements, contracts, invoices and payroll records.
- Evidence of the foreign company's continuing operation.
- Proof of the beneficiary's employment abroad: a description of duties, pay records and organization charts.
- A description of the U.S. position, a list of subordinates with their duties and education, and an explanation of how time is allocated.
Contact us
Companies that want to know whether an executive or manager is suited to this path may consult an EB-1C lawyer at 347-618-3386. Lu Xin Law Offices is located at 36-09 Main Street, Suite 5-D5, Flushing, New York. Our responsible attorney, Michael R. Curran, is licensed in New York and New Jersey. Our services are described in Immigration Legal Services.
FAQ
Can a newly established U.S. company apply for EB-1C?
At the time of filing, the U.S. company must already have been doing business for 1 year. The green card category has no "new office" arrangement.
Does the year of employment abroad have to be continuous?
It does not have to be continuous, which differs from L-1. But if you left that organization for more than 2 years after coming to the United States, you generally must work for it abroad for another full year.
Does holding L-1A mean I automatically qualify for EB-1C?
Not necessarily. An approved L-1 does not mean you qualify for EB-1C. The company's size, its staff structure and your actual work all have to be looked at again.
Sources: uscis.gov, uscis.gov, uscis.gov, ecfr.gov, uscis.gov, uscis.gov, uscis.gov, travel.state.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.