Posted on August 28, 2007 by Warren Wen | Category: Immigration
EB-1(c), the Best Choice for Extraordinary Person in Business Area 4/5
In the previous article, we introduced the kinds of documents that are required for the EB-1-C application. In this article, we will compare EB-1-C (Multinational Executive) with EB-1-A (Aliens of extraordinary ability in business areas) in detail. We will also summarize the similarities and differences between EB-1-C and EB-1-A, and suggest which type is best suited for business executives.
First, both EB-1-A and EB-1-C belong to the EB-1 category. Therefore, both are exempt from the Labor Certification Process, which means that the processing time and cost can be significantly reduced.
Secondly, both EB-1-A and EB-1-C apply to business executives. More specifically, EB-1-C is for executives and managers of multinational companies, while EB-1-A is mostly for entrepreneurs who can demonstrate that they are aliens of extraordinary ability in business.
Moreover, compared to other categories, fewer applicants are qualified to file EB-1-A and EB-1-C. Therefore, it takes qualified applicants less time to get greencard through EB-1A and EB-1C.
In regards to the differences, they are as follow:
First, EB-1-A allows qualified aliens to file the greencard application by themselves. Employer sponsorship is not required. Aliens must prove their extraordinary ability in order to be eligible for EB-1-A. This has a lot to do with the success of the business where the applicant worked or the business the applicant established. Aliens must show that they meet at least three of ten requirements set up by US immigration law. To do so, extensive documents need to be provided. .
On the other hand, employer sponsorship is required for EB-1-C. Does that mean the EB-1-C application will be much more difficult than the EB-1-A application? Not necessarily. Under the EB-1C, although both the employer and the applicant need to meet some requirements, neither of them are too difficult to meet. The employer needs to prove that it is a multinational and that it has branches, subsidiaries, affiliates or joint-ventures in the US. The US company also needs to show that they can support the applicant financially. The USCIS has no restriction on minimum investment amount on the US business under the EB-1-C. Therefore, applicants who want to invest and immigrate to the US have less to worry about in regards to the implied risk that comes from the investment amount. The requirements for applicants of the EB-1-C are much lower than those of the EB-1-A. The applicants only need to prove that they are qualified for the position the US company is providing.
In summary, EB-1A is more suitable for successful entrepreneurs who have no difficulties in providing documents to prove their extraordinary abilities. EB-1C is more suitable for aliens who are working for multinational companies as executives or managers.
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.