The EB-1C visa, also known as the Employment-Based First Preference visa category for Multinational Executives and Managers, is designed for foreign nationals who are executives or managers employed by a multinational company outside the United States and who are being transferred to a related company in the United States. Here are the key eligibility criteria for the EB-1C visa:
- Employment with a Qualifying Organization: The applicant must have been employed for at least one continuous year in the three years preceding the application by a qualifying multinational company outside the United States.
- Executive or Managerial Position: The applicant must be coming to the United States to work in an executive or managerial capacity for the same employer or a subsidiary or affiliate of the employer.
- Relationship between Companies: There must be a qualifying relationship between the foreign employer and the U.S. employer, such as a parent company, subsidiary, branch, or affiliate relationship.
- Intent to Continue Employment: The applicant must demonstrate that they intend to continue working in an executive or managerial capacity for the U.S. employer upon receiving the visa.
- Priority Worker Status: The EB-1C visa falls under the Priority Worker category, which means that applicants do not need a specific job offer from a U.S. employer to apply, unlike many other employment-based visas.
How to fill out Form I-140, Immigrant Petition for Alien Workers
Filling out Form I-140, Immigrant Petition for Alien Workers, involves several steps. Here is a general guide on how to fill out this form:
- Personal Information: Provide your full legal name, address, date of birth, country of birth, country of citizenship, and other personal details as requested.
- Information About the Employer: Include the name, address, and other identifying information about your employer or prospective employer who is sponsoring your petition.
- Employment Details: Describe your job title, job duties, salary, and the location where you will be employed. If you are applying under a specific employment-based category (such as EB-1C for multinational executives and managers), provide details related to that category.
- Immigration Information: If applicable, provide information about any previous immigration petitions or applications you have filed, including details about your immigration status in the United States.
- Supporting Documents: Include copies of supporting documents such as a job offer letter, employment contract, educational credentials, and any other relevant evidence to support your eligibility for the immigrant visa category you are applying under.
- Filing Fee: Check the current filing fee for Form I-140 and include the payment with your application. You may also need to include additional fees for premium processing or other optional services.
- Signature: Sign and date the form where indicated, certifying that the information provided is true and accurate to the best of your knowledge.
- Submission: Mail the completed Form I-140 along with supporting documents and payment to the appropriate address as specified in the form instructions.
Who is eligible to apply for EB-1B Visa for Outstanding Professors and Researchers
The EB-1B visa category is designed for outstanding professors and researchers who are recognized internationally for their achievements in a particular academic field. To be eligible for an EB-1B visa, applicants must meet the following criteria:
- International Recognition: The applicant must have sustained international recognition in their academic field. This recognition can be demonstrated through major awards, prizes, memberships in prestigious academic organizations, or publications in scholarly journals.
- At Least Three Years of Experience: The applicant must have at least three years of experience in teaching or research in their academic field. This experience should be documented through employment letters, contracts, or other relevant evidence.
- Job Offer from a U.S. Institution: The applicant must have a job offer for a tenured or tenure-track position (or a comparable research position) from a U.S. university, college, or other academic institution. The job offer should include details about the position, the applicant’s qualifications, and the institution’s intent to sponsor the EB-1B visa.
- Evidence of Outstanding Achievements: The applicant must provide evidence of their outstanding achievements in the form of awards, grants, patents, published research, citations, or other contributions to their field.
- Labor Certification Exemption: Unlike some other employment-based visas, the EB-1B category does not require a labor certification from the Department of Labor, which can streamline the application process.
- Supporting Documentation: Applicants must submit a comprehensive package of supporting documentation, including letters of recommendation, curriculum vitae, publication citations, evidence of awards and honors, and a detailed description of their research or teaching contributions.
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