What Evidence Does an EB-1C I-140 Petition Need?

An EB-1C I-140 petition needs evidence in four areas: the qualifying relationship between the U.S. and foreign employers, proof that the U.S. company has been doing business for at least a year, proof that the employee’s role abroad and the U.S. job are managerial or executive, and proof that the U.S. employer can pay the offered wage. There is no labor certification and no outside expert letter requirement, so the whole case rides on the company’s own records. Weak organizational evidence is the most common reason these petitions draw a Request for Evidence, and it is where our EB-1C green card for multinational managers practice spends most of its drafting time.

Qualifying relationship documents

The U.S. petitioner must be the same employer as the foreign entity, or its parent, branch, subsidiary or affiliate. The evidence has to trace ownership and control on both sides, through every intermediate entity.

• Articles of incorporation or organization for each entity in the chain.
• Share registers, stock certificates, operating agreements or membership records.
• An ownership chart with percentages, showing how control flows from the foreign employer to the U.S. company.
• Annual reports or tax filings that confirm the ownership stated.
• Documents for any recent restructuring, merger or share transfer.

The relationship must exist when the I-140 is filed and through approval. If a restructuring is planned, talk to counsel before filing, because a change in ownership during the case can break the qualifying link.

Proof of doing business

The U.S. employer must have been doing business for at least one year before filing, meaning the regular, systematic and continuous provision of goods or services. The foreign entity must also still be operating. A registered agent’s address and a bank account are not enough on their own.

Useful evidence includes federal tax returns, audited or reviewed financial statements, quarterly payroll filings such as Form 941, client contracts, invoices, bank statements, and the lease for the U.S. office. For the foreign company, recent financial statements, tax filings and a sample of contracts or invoices usually work. For a small U.S. company, a full year of payroll filings and client invoices is usually the most persuasive proof.

Managerial or executive duties, abroad and in the U.S.

This section decides most EB-1C cases. USCIS applies the statutory definitions of managerial and executive capacity, and it looks at both the qualifying year abroad and the offered U.S. position.

The job offer letter

The petition must include a statement from an authorized official of the U.S. employer confirming that the employee will be employed in a managerial or executive capacity and describing the duties. Write it in specifics: what the person decides, who reports to them, what budget they control, and what share of their time goes to each duty. “Oversees operations” says nothing. “Approves the annual budget for the U.S. subsidiary and hired the controller and the sales director” says a great deal.

Organizational charts

Provide charts for the U.S. company and for the foreign department or entity during the qualifying year. Each chart should name every employee in the beneficiary’s reporting line, with title, education and a short duty summary. If the beneficiary supervises managers or professionals, show who they in turn supervise. If the beneficiary is a function manager, identify the function and the people, contractors or affiliate staff who perform its routine work.

Supporting records

Payroll records showing subordinates exist, examples of hiring or firing decisions, performance reviews the beneficiary signed, and board minutes or delegations of authority all strengthen the claim. For the foreign year, include an employment letter with exact dates and payroll records for the period. Our guide to L-1A managerial capacity covers the definitions in more depth, and they apply the same way here.

Ability to pay

The U.S. employer must show it can pay the offered wage from the priority date onward. The regulation names three forms of evidence: annual reports, federal tax returns, or audited financial statements. USCIS also accepts proof that the company already pays the employee at or above the offered wage, such as Forms W-2 and payroll records. Employers with 100 or more workers may submit a statement from a financial officer instead, though USCIS can still ask for more.

EB-1C I-140 forms and final checks

The petition is Form I-140, filed with the current USCIS filing fee and, if wanted, Form I-907 for premium processing. If the employee’s priority date will be current, Form I-485 and related forms can be filed at the same time. Before filing, read every document against the others. Dates of employment, titles, reporting lines and salaries must match across the job offer letter, the charts, the payroll records and any earlier L-1A filings. Inconsistencies with prior petitions are a common RFE trigger. Our step-by-step guide to the EB-1C green card process explains what comes after the I-140.

Companies sponsoring several managers often run EB-1C cases as part of a wider business immigration program, which keeps corporate records ready for each filing.

If you are preparing an EB-1C petition and want the evidence reviewed before filing, Capitol Law Partners can check each element and flag the gaps USCIS is likely to question. 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 multinational executive green card page or schedule a consultation.