Employment-based immigrationL-1 to EB-1C Readiness Audit: do you qualify today?

Contents

EB-1C criteria: minimum requirements

EB-1C is the immigrant category for multinational managers and executives. Baseline requirements include:

• Qualifying corporate relationship between the foreign and U.S. entities: parent/subsidiary/affiliate with documented ownership and control.
• At least 1 year of employment abroad within the last 3 years (or since last lawful admission if already with the U.S. petitioner) in an executive/managerial capacity.
• Permanent job offer in the U.S. in an executive/managerial role, not as an individual contributor.
• U.S. entity doing business for ≥ 1 year with resources/staff adequate to relieve the manager from day-to-day operations.
• Duties that meet the definitions of executive or managerial (including people-management or management of a key function).

L-1A vs EB-1C: similarities and differences

Similarities. Both target intra-company transfers of managers/executives; definitions of “executive/managerial capacity” align: strategy, people/function management, budget responsibility, and decision-making authority.

Key differences.

• Status: L-1A is nonimmigrant; EB-1C is immigrant (green card).
• Doing business: EB-1C typically expects the U.S. entity to have operated ≥1 year; “new office” scenarios common in L-1A extensions are riskier for EB-1C.
• Proof of managerial level: EB-1C scrutiny is often stricter on U.S. staffing/tiers or on the scope of the function managed.
• Petitions: EB-1C is employer-filed on I-140; L-1A is on I-129. (Self-petition is EB-1A, a different subcategory.)

Takeaway: A successful L-1A is a strong signal but not an automatic converter to EB-1C. Re-map U.S. duties and staffing under USCIS policy language.

Next → self-assessment

Go to the checklist and points calculator to get an interactive “ready to file I-140 under EB-1C today?” indicator.

A. Corporate structure and qualifying relationship

Criterion	Points
Documented parent/subsidiary/affiliate relationship (charter, share register, agreements, control).	+15
U.S. entity has been doing business for ≥ 12 months (contracts, invoices, tax returns, reports).	+10
Consolidated org charts with reporting lines across group entities.	+8

B. Foreign experience and current role

Criterion	Points
≥1 year abroad within the last 3 years in executive/managerial capacity.	+15
Permanent U.S. offer in executive/managerial capacity (not an individual contributor).	+10
Executive (strategy, P&L/budgets, top-level) People-manager (≥2 managerial tiers or supervises professionals) Functional manager (manages a key function without a large staff)	+12/+10/+8

C. U.S. staffing and relief from hands-on operations

Criterion	Points
Adequate U.S. staff (or outsourced support) to delegate day-to-day work.	+10
Subordinates at “professional” level documented (titles, JDs, payroll, resumes).	+6
Documented control over budgets/projects/OKRs; KPI reports.	+6

D. Evidence and procedural conformity

Criterion	Points
Orgs (foreign & U.S.), contracts, invoices, tax returns, statements compiled.	+8
Duty statements phrased in USCIS executive/managerial policy language.	+6
L-1A history (if any): approvals/extensions, U.S. role alignment.	+4

E. Special scenarios

Scenario	Points
Successor-in-interest/reorganization documented correctly.	+4
“New office” in the U.S. with small headcount (heightened EB-1C risk).	−6
Candidate’s role includes a significant portion of operational/technical tasks.	−8

Calculator

1) Check items above and select role type. 2) Click “Calculate”.

90-day roadmap

Weeks	Actions	Outcome
1–2	Audit group structure and U.S. entity status: incorporation date, tax returns, contracts, invoices, bank statements, payroll. Verify qualifying relationship (parent/sub/affiliate), minutes and capitalization.	Qualifying relationship confirmed and “doing business” ≥ 12 months.
3–4	Map role to executive/managerial: finalize JD, P&L/budgets, KPI/OKR. Build foreign/U.S. org charts with reporting tiers and FTE/contractors.	Policy-aligned duty model; ready org charts.
5–6	Evidence collation: customer contracts, invoices/receipts, support letters, tax forms, project reports. Review L-1A history if applicable.	“Evidence EB-1C” folder with index and cross-references.
7–8	Draft cover letters: corporate (nature of business, staff, markets), executive (strategy, metrics), HR/finance (payroll, budget).	Draft cover letters using managerial/executive terminology; attachments prepared.
9–10	Final QC: terminology, date coherence, removal of hands-on tasks from JD, verify tables/org charts.	Ready to file I-140 (EB-1C).
11–12	File I-140. In parallel, plan AOS/consular path per visa bulletin timing.	Package filed; RFE/NOID management plan in place.

Note: Premium Processing availability for EB-1C can change; check current rules at the time of filing.

RFE/NOID risks and how to mitigate

• Insufficient U.S. staffing. Add professional roles (finance, ops, sales, tech) with clear duties and payroll proof.
• Hands-on tasks in the executive role. Re-write JD to emphasize strategy/control; document delegation of day-to-day work.
• Weak corporate relationship. Articles, share registers, governance agreements, ownership diagram.
• One-year abroad gap. Verify timeframes and counting rules if the candidate already works for the U.S. petitioner.
• Fact inconsistencies. Align dates, entity names, job titles, and volumes in a unified “evidence timeline”.

Control evidence packets (index template)

Packet	Contents
Corporate relationship	Formation docs, share registers, governance agreements, ownership diagram, auditor letters.
Doing business	Customer contracts, invoices/payments, federal/state tax returns, reports, bank statements, lease/licenses.
Org structure	Foreign/U.S. org charts, FTE/contractor lists, payroll extracts, job descriptions of subordinates.
Candidate’s role	JD in Policy Manual language, budget authority proofs, OKR/KPI, meeting minutes, leadership letters.
L-1A history (if any)	I-129, approvals/extensions, cover letters, consular records, entry compliance proofs.

Primary sources and guidance

Always verify updates on USCIS before filing.

• USCIS — L-1A Intracompany Transferee (executive/manager)
• USCIS — EB-1 (incl. Multinational Manager/Executive)
• USCIS Policy Manual, Vol. 6, Part F, Ch. 4 — Multinational Executive or Manager
• 8 C.F.R. §204.5 (incl. (j))

How to use this together with the checklist

1) Run the checklist and record the score. 2) Map weak areas to the roadmap and evidence index. 3) Strengthen staffing/delegation and re-frame duties in executive/managerial terms. 4) Final QC and prepare I-140.

This is a practical self-check and not a substitute for legal advice from a licensed U.S. immigration attorney.