EB-1(c) 1/5

Posted on July 31, 2007 by Warren Wen | Category: Immigration

EB-1(c), the Best Choice for Extraordinary Person in Business Area 1/5

In previous articles, we briefly introduced EB-1(a) and EB-1(b) as two practical ways for aliens of extraordinary ability in the field of arts and science to obtain lawful permanent resident status in the US.  In this article, we will briefly introduce EB-1(c) as a good way for aliens with extraordinary ability in the business area to obtain green cards.

Like the L-1A visa, EB-1(c) is reserved for executives and managers of multinational companies.  In fact, EB-1(c) is nearly tailored for L-1A visa holders to obtain their lawful permanent resident status.  In practice, most executives and managers of foreign multinational choose EB-1(c) as their way to obtain greed card.  Why did they choose this, and what are the top advantages of the EB-1(c) compared to other categories?

First, like other EB-1 subcategories, EB-1(c) is exempt from the time consuming and nerve-breaking Labor Certification process.

Secondly, the requirements for applicants of EB-1(c) are easier to satisfy than for EB-1(a) and EB-5.  For EB-1(a), even though employer sponsoring is not mandated, there are other requirement that are difficult to meet.  For example, applicants need to qualify for at least 3 of 10 criteria stated in the INA to prove their extraordinary ability in their field of endeavor.

Regarding EB-5, applicants need to invest at least 1 million dollars in the US (500 thousand dollars in economically depressed areas), and provide at least ten job opportunities for qualified US domestic workers.  Because of the financial resources it requires and the risk it may bring with it, very few people have both the will and financial means to do so.  As for EB-1(c), it is reserved for executives and managers of multinational companies.  It only requires executives and managers of multinational companies to have at least one year of experience in the multinational companies in the previous three years.  No personal investment is required.  Moreover, it has no requirement regarding the degree of education applicants have.  This is very useful for entrepreneurs who do not have good educational background.  Furthermore, under EB-1(c), even though companies are required to establish branches or affiliates in the US, no minimum investment is required as long as the petitioning companies are doing business seriously.

In summary, EB-1(c) has two clear advantages for Chinese entrepreneurs compared to other types of immigration visas.  First, the educational requirement is very low and the initial investment amount required is not high at all.  Secondly, for qualified applicants, applications can be approved in a very short time.

This article is only for your reference. Please do not apply mechanically to any exact cases. You are welcome to consult our attorneys at Liu & Associates, P.C. For contact information, please click here.