What Are the Steps in the EB-1C Green Card Process?

The EB-1C green card process has two main stages: the U.S. employer files a Form I-140 immigrant petition with USCIS, and then the manager or executive applies for the green card itself, either by adjusting status in the United States on Form I-485 or through an immigrant visa at a U.S. consulate. There is no PERM labor certification, which removes the longest and least predictable part of most employer-sponsored cases. That makes the EB-1C one of the faster employment routes for multinational managers, but the speed depends on the employee’s country of birth and on a well-built I-140.

Step 1: Confirm eligibility before anything is filed

Start with the four elements USCIS will test. The U.S. employer must have been doing business for at least one year. It must have a qualifying relationship with the foreign employer: parent, branch, subsidiary or affiliate. The employee must have worked for the foreign entity in a managerial or executive capacity for at least one year in the three years before the petition, or, if the employee is already in the United States working for the group, in the three years before that entry. And the U.S. job must be managerial or executive. Our existing article on EB-1C requirements for multinational managers explains each element.

This step catches the problems that are cheap to fix early. A U.S. entity that was formed fourteen months ago but started operations six months ago is not yet eligible. An ownership chain that changed in a restructuring may need fresh documents. An employee whose foreign role was specialized rather than managerial may not qualify at all.

Step 2: Build the I-140 record

The I-140 is where the case is won. CLP’s EB-1C multinational manager green card practice prepares the petition around four groups of evidence: corporate documents proving the relationship, proof that both entities are doing business, a detailed description of the managerial or executive duties abroad and in the U.S., and the employer’s ability to pay the offered wage. The petition includes a signed statement from an authorized official of the U.S. employer describing the job offer and the duties.

USCIS reads the managerial question more closely at the green card stage than many employees expect, even when it approved the same person’s L-1A. Organizational charts with named subordinates, their education and duties, and a percentage breakdown of the manager’s time carry the most weight. Our guide to managerial capacity under the L-1A covers the same definitions USCIS applies here.

Step 3: File the I-140 and decide on premium processing

The employer files Form I-140 with the current USCIS filing fee. As of this writing, premium processing is available for EB-1C petitions; check the USCIS website for the current fee and the guaranteed timeframe. Without premium processing, the wait depends on the service center’s workload. Check USCIS processing times for a current range.

The filing date of the I-140 becomes the employee’s priority date. That date controls when the employee can move to the final stage.

Step 4: Watch the Visa Bulletin

The EB-1 category, which includes the EB-1C, has a limited number of visas each year, divided by country of birth. Each month, the Department of State publishes the Visa Bulletin showing which priority dates can move forward. EB-1 waits have historically been shorter than EB-2 and EB-3 waits, but the dates move and can retrogress. For employees born in countries with heavy demand, such as India and China, the backlog can be long. When the date is current, the employee can file the I-485 at the same time as the I-140, which saves months.

Step 5: Adjustment of status or consular processing

An employee in the United States in valid status, often L-1A, files Form I-485 for adjustment of status, usually with Form I-765 for a work permit and Form I-131 for advance parole, and attends a biometrics appointment. Because L-1 is a dual intent category, the employee can keep working and traveling in L-1A status while the I-485 is pending. An employee abroad goes through the National Visa Center, files the DS-260, attends the immigrant visa interview at the consulate and enters the U.S. as a permanent resident.

Spouses and unmarried children under 21 qualify as derivatives and file their own I-485s or immigrant visa applications. Children approaching 21 may be protected by the Child Status Protection Act, which depends on the dates involved.

What affects the EB-1C timeline

Four factors drive the wait: whether the U.S. company was eligible when you wanted to file, whether the I-140 draws a Request for Evidence, the employee’s place in the Visa Bulletin, and the processing time for the I-485 or the consular interview. New office L-1A transferees usually file after the first extension, once the U.S. company has a year of operations behind it. Our L-1A visa for executives and managers page explains how we plan the two filings together.

If your company wants to sponsor a transferred manager or executive for permanent residence, Capitol Law Partners can review eligibility and map the EB-1C timeline before the I-140 is filed. Schedule a consultation.

This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.

Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.

Need help with this topic? See our EB-1C green card for multinational executives page or schedule a consultation.