EB-1C Multinational Executive or Manager

EB-1C guide: requirements, evidence and filing stages

Legal references checked: July 29, 2026.

EB-1C is the employment-based first-preference classification identified by USCIS as E13. It is intended for a qualifying multinational organization that offers permanent U.S. employment to an executive or manager who completed the required qualifying employment abroad. The classification does not provide a general route for a person who merely holds a senior title or wants to establish a new U.S. business.

Core EB-1C eligibility requirements

A successful petition must satisfy every applicable element. Strong evidence of a senior position cannot compensate for the absence of a qualifying corporate relationship, and substantial business revenue cannot replace the foreign-employment or managerial-capacity requirements.

Qualifying U.S. petitioner

A United States employer must file Form I-140 and intend to employ the beneficiary permanently in a primarily managerial or executive position.

Multinational relationship

The U.S. employer must be the same employer that employed the beneficiary abroad, or its qualifying parent, subsidiary or affiliate.

One year of U.S. business activity

The U.S. petitioner must have been doing business in the United States for at least one year before filing Form I-140.

Continuing foreign business

The related foreign organization must be a genuine operating business rather than a dissolved, dormant or paper-only entity.

Qualifying work abroad

The beneficiary must have completed at least one year of qualifying employment abroad during the applicable three-year period.

Managerial or executive U.S. duties

The proposed position must primarily involve management or executive direction rather than personal performance of routine operational work.

Ability to pay

The petitioner must demonstrate its continuing ability to pay the proffered wage from the priority date until the beneficiary obtains lawful permanent residence.

PERM is not required. EB-1C does not require a Department of Labor permanent labor certification. It does, however, require a permanent U.S. job offer and an employer-filed Form I-140. The beneficiary cannot self-petition under EB-1C.

Qualifying relationship between the U.S. and foreign employers

USCIS examines both ownership and control. Ownership concerns the legal right to possess the entity, while control concerns authority to direct its management and operations. The petition must trace the relationship between the organization that employed the beneficiary abroad and the U.S. employer offering the permanent position.

Relationship	General meaning	Evidence commonly used
Same employer	The U.S. and foreign operations are parts of the same legal employer. This may be relevant to a properly documented branch structure.	Formation records, branch registrations, tax records, authority documents and evidence identifying the legal employer.
Parent and subsidiary	One entity directly or indirectly owns and controls the other, subject to the applicable regulatory definitions.	Share registers, stock certificates, capitalization tables, operating agreements and records tracing indirect ownership.
Affiliates	The entities are owned and controlled by the same parent or by the same group of persons in approximately the same proportions.	Ownership schedules, shareholder records, voting agreements and documents comparing ownership proportions.

How a U.S. branch should be described

A branch is generally an operating division or office of the same organization rather than a separate subsidiary. A petition should not describe an unincorporated branch as an independently owned corporation. The filing must identify the actual legal employer, establish its authority to employ workers in the United States and document at least one year of qualifying U.S. business activity.

Indirect ownership and joint structures

A relationship may be established through one or more intermediate entities when the complete ownership chain is documented. Certain 50-50 ownership structures or arrangements involving less than majority ownership may require additional evidence showing who exercises actual control. A shared trade name, common officers or commercial cooperation does not establish affiliation by itself.

Corporate changes during the case

A sale, merger, dissolution, change in voting rights or restructuring can affect the qualifying relationship. The petitioner must remain eligible when Form I-140 is filed and throughout its adjudication. During adjustment of status, the original permanent job offer generally must remain available unless the beneficiary validly requests job portability under INA section 204(j) after Form I-485 has been pending for at least 180 days and the new position is in the same or a similar occupational classification. Material corporate changes should be analyzed and documented rather than omitted from the record.

Doing business in the United States and abroad

For EB-1C purposes, doing business means the regular, systematic and continuous provision of goods or services. Incorporation, a registered address, a lease, a bank account or the presence of an agent is not sufficient by itself.

One year of U.S. operations

The U.S. petitioner must have been doing business for at least one year before Form I-140 is filed. A newly registered U.S. company cannot satisfy this requirement merely because a related foreign business has operated for many years. The required period concerns the petitioning U.S. employer’s own qualifying business activity.

Relevant evidence may include customer and supplier contracts, invoices, payment records, tax returns, payroll, bank activity, licenses, insurance, operating premises, product shipments, service records and financial statements covering the required period.

Revenue and staffing are evidence, not independent tests

EB-1C does not impose a universal revenue threshold or a fixed minimum number of employees. USCIS considers the nature, size, purpose and reasonable needs of the organization. A smaller business may qualify, but its evidence must still show that the beneficiary primarily manages the organization, personnel or an essential function rather than personally performing most of the company’s routine services.

Continuing foreign operations

The foreign organization should continue to conduct real business. If the foreign employer closes, becomes dormant or is sold outside the qualifying corporate group, the change may undermine the multinational basis of the petition. The record should distinguish genuine ongoing operations from an entity maintained only on paper.

The one-year foreign-employment requirement

The beneficiary must have worked outside the United States for a qualifying organization for at least one year during the legally relevant three-year period. That foreign position must itself have been managerial or executive.

Beneficiary’s situation	Relevant period	Practical issue
Outside the United States	The qualifying foreign employment generally must fall within the three years immediately preceding the Form I-140 filing.	Employment dates, payroll and duties should establish at least one qualifying year abroad.
Already employed in the United States	USCIS generally examines the three years preceding the applicable entry as a nonimmigrant to work for the petitioner or a qualifying related organization.	Multiple admissions, employment interruptions and work for an unrelated employer may require a separate continuity analysis.

The foreign and U.S. positions do not need identical titles or duties. Each position must independently satisfy the applicable managerial or executive standard. A person may, for example, have managed a regional department abroad and later direct a broader U.S. business function, provided both roles are properly documented.

Evidence of the foreign position

Useful evidence may include payroll and tax records, employment agreements, personnel files, detailed employer letters, foreign organizational charts, subordinate job descriptions, proof of hiring or dismissal authority, budgets, policy documents and records showing who performed the operational work under the beneficiary’s direction.

A title is not enough. A letter stating only that the beneficiary was a director, founder or general manager does not establish the nature of the actual duties or the level of authority exercised abroad.

Managerial capacity, executive capacity and function managers

USCIS examines the beneficiary’s primary duties. The analysis focuses on what the person actually does, the decisions controlled by the beneficiary, the organizational level of the position and who performs the underlying day-to-day work.

Executive capacity

An executive generally directs the management of the organization or a major component or function, establishes goals and policies, exercises broad discretion in decision-making and receives only general supervision from higher-level executives, a board of directors or owners.

Personnel manager

A personnel manager generally manages an organization, department, subdivision or component and supervises other managerial, supervisory or professional employees. The position may include authority to hire, dismiss, promote or recommend personnel actions. First-line supervision of nonprofessional employees does not ordinarily establish managerial capacity by itself.

Function manager

A function manager may qualify without a large group of direct reports. The petition must identify a clearly defined function that is essential to the organization, establish that the beneficiary manages that function at a senior level and show that the beneficiary directs its execution rather than personally performing its routine activities.

The evidence should explain the function’s scope, business importance, budget, decision-making authority, internal and external personnel supporting the function, and the work delegated to employees or service providers. Simply describing sales, marketing, finance or product development as an “essential function” is insufficient without showing how the beneficiary actually manages it.

There is no universal employee minimum. Staffing is evaluated in light of the organization’s reasonable needs, but the record must still demonstrate that the beneficiary is relieved from primarily performing routine production, administrative, technical, sales or client-service work.

How to describe duties effectively

A useful position description separates strategic, personnel, policy, budgetary and operational-control responsibilities. It should identify concrete decisions, explain the approximate time devoted to major duty groups and connect those duties to the reporting structure. Generic phrases such as “manages operations,” “oversees growth” or “develops strategy” carry limited value unless the petition explains what decisions are made and who implements them.

Can a founder or business owner qualify for EB-1C?

Ownership does not automatically prevent EB-1C eligibility. A founder, shareholder or family-business owner may qualify when the multinational relationship, qualifying employment abroad, permanent U.S. position and actual managerial or executive duties are established.

Owner-led cases often receive closer scrutiny because a senior title may coexist with substantial personal involvement in sales, customer service, technical production, bookkeeping or administration. The evidence should distinguish ownership from employment duties and show how operational work is delegated.

Relevant evidence may include independent employees, professional subordinate positions, contractor arrangements, management reports, approval authority, budgets, board resolutions and records showing that other personnel carry out the work directed by the beneficiary.

A business owner does not qualify merely by investing in a U.S. company or opening a related entity. EB-1C is based on qualifying multinational employment, not investment alone.

Evidence commonly submitted with Form I-140

The petition should present one consistent account of ownership, business activity, employment history, staffing and duties. Organizational charts and petition letters should agree with payroll, tax filings, contracts and personnel records.

Evidence category	Examples	What the evidence should establish
Ownership and control	Formation records, bylaws, operating agreements, share certificates, registers, capitalization tables, voting agreements and resolutions.	The complete qualifying relationship between the foreign employer and U.S. petitioner.
U.S. business activity	Contracts, invoices, payroll, tax returns, bank records, licenses, insurance, premises and service or shipment records.	At least one year of regular, systematic and continuous U.S. business operations.
Foreign business activity	Foreign tax filings, payroll, contracts, bank records, licenses, customer records and operating premises.	A real related foreign organization that continues doing business.
Foreign employment	Employment letters, payroll, tax records, personnel files, organizational charts and evidence of authority.	The required employment period and managerial or executive duties abroad.
Proposed U.S. position	Permanent job offer, duty description, time allocation, U.S. organizational chart, budgets and subordinate job descriptions.	A primarily managerial or executive role supported by the organization’s actual structure.

Ability to pay the proffered wage

The U.S. petitioner must demonstrate its continuing ability to pay the proffered wage from the priority date until the beneficiary becomes a lawful permanent resident. Primary evidence generally includes federal tax returns, annual reports or audited financial statements.

Payment of the full proffered wage may be relevant. A petitioner employing at least 100 workers may request that USCIS accept a statement from a financial officer, although acceptance remains discretionary. Revenue or assets belonging to another company in the multinational group do not automatically establish the U.S. petitioner’s own ability to pay.

Foreign-language documents

Any foreign-language document submitted to USCIS should be accompanied by a complete English translation and the translator’s certification that the translation is complete and accurate and that the translator is competent to translate from the foreign language into English.

EB-1C filing and permanent residence process

Confirm the corporate structure

Trace ownership and control, identify the legal employers, review restructuring and confirm continuing operations in the United States and abroad.
Identify the relevant foreign-employment period

Determine which three-year period applies and document at least one year of qualifying managerial or executive employment abroad.
Analyze both positions

Examine the actual foreign duties and proposed U.S. duties, including authority, staffing, delegation, managed personnel or functions and operational work.
Prepare and file Form I-140

The U.S. employer submits the petition, permanent job offer, corporate records, business evidence, employment documents and ability-to-pay evidence.
Respond to USCIS if required

A Request for Evidence or Notice of Intent to Deny may address ownership, business activity, employment dates, staffing, duties, financial evidence or inconsistencies.
Complete the permanent residence stage

When an immigrant visa number is available, an eligible applicant may pursue adjustment of status through Form I-485 or immigrant visa processing abroad.

Priority date

EB-1C does not require labor certification. Its priority date is generally the date a completed and signed Form I-140, including the required initial evidence and correct filing fee, is properly filed with USCIS.

Visa Bulletin and visa availability

EB-1 is numerically limited. The applicant must compare the priority date with the applicable employment-based chart in the monthly Department of State Visa Bulletin. For adjustment filings, USCIS separately announces whether applicants must use the Final Action Dates chart or may use the Dates for Filing chart.

A chart authorized for filing determines when Form I-485 may be submitted. Final approval still requires an immigrant visa number to be available and the applicant to remain eligible through adjudication.

Concurrent filing of Form I-140 and Form I-485

Concurrent filing may be available when the beneficiary is physically present in the United States, is otherwise eligible to adjust status and the priority date satisfies the chart USCIS authorizes for that month. Concurrent filing is not a consular-processing procedure and does not eliminate adjustment bars, status issues, inadmissibility grounds or the visa-availability requirement.

USCIS offers online filing of Form I-485 for certain employment-based applicants and their representatives. A concurrent Form I-140 and Form I-485 package must still be submitted by mail to the applicable USCIS filing location. Form I-485 cannot currently be submitted online together with Form I-485 Supplement J. When an applicant already has a pending Form I-485 with a receipt number beginning with IOE, Supplement J may be filed online separately for an eligible confirmation of a valid job offer or job-portability request. Applicants should confirm current eligibility, required supplements, form editions, fees and filing instructions on the official USCIS Form I-485 page and the official Form I-485 Supplement J page before submission.

Adjustment of status is discretionary. Satisfying the statutory filing requirements does not create an automatic entitlement to approval. Under USCIS Policy Memorandum PM-602-0199, issued May 22, 2026, adjustment under INA section 245 is treated as discretionary relief and administrative grace rather than a substitute for the regular consular processing of immigrant visas. USCIS may consider all relevant favorable and unfavorable factors when deciding whether a favorable exercise of discretion is warranted.

Consular processing

A beneficiary outside the United States generally proceeds through the National Visa Center after Form I-140 approval and visa availability. The process may involve the immigrant visa application, civil documents, medical examination, employment confirmation and an interview at a U.S. embassy or consulate.

Form I-140 approval does not reserve a visa number. Visa Bulletin dates may advance, remain unchanged or retrogress before adjustment of status or immigrant visa issuance.

Premium processing

Initial and pending E13 multinational executive or manager Form I-140 petitions are eligible for premium processing through Form I-907. USCIS must take a qualifying adjudicative action within 45 business days after receiving a properly filed request.

Premium processing may result in approval, denial, a Request for Evidence, a Notice of Intent to Deny or another qualifying action. If USCIS issues a request requiring a response, the premium-processing period stops and a new period begins after USCIS receives the response.

For covered requests postmarked on or after March 1, 2026, USCIS lists a premium-processing fee of $2,965. Fees, form editions and filing instructions can change, so the petitioner should verify them on the official Form I-907 page before filing.

EB-1C compared with L-1A

EB-1C and L-1A use related multinational executive and manager concepts, but they serve different purposes. L-1A is a temporary nonimmigrant classification, while EB-1C is an immigrant classification connected to permanent residence.

Issue	EB-1C	L-1A
Purpose	Immigrant classification supporting permanent residence.	Temporary intracompany transfer classification.
U.S. position	Permanent managerial or executive employment.	Temporary managerial or executive employment.
New U.S. office	The U.S. petitioner must already have been doing business for at least one year.	A new-office petition may be available when its separate requirements are satisfied.
Prior L-1A approval	Not required. USCIS independently adjudicates the immigrant petition.	Provides temporary status but does not itself grant permanent residence.

A prior L-1A approval may provide relevant records, but it does not guarantee EB-1C approval. USCIS evaluates the current ownership structure, business operations, staffing and proposed permanent role under the immigrant classification’s requirements.

Common EB-1C RFE and denial risks

Problems frequently arise when the petition narrative does not match payroll, ownership records, financial documents or the organization’s actual staffing. A detailed legal brief cannot replace missing evidence or resolve unexplained contradictions.

Generic duty descriptions Broad statements do not show the beneficiary’s specific decisions, authority, time allocation or relationship to the personnel performing operational work.
Founder performing routine services Ownership may coexist with eligibility, but the record must distinguish executive direction from sales, administration, production, technical work and client service.
Unsupported organizational chart Names, titles, payroll, qualifications and job descriptions should agree with the reporting structure presented in the petition.
Unclear ownership or control Missing intermediate entities, conflicting percentages, undocumented voting arrangements or unexplained restructuring may prevent USCIS from confirming the qualifying relationship.
Weak foreign-employment evidence Payroll and a senior title do not establish managerial or executive capacity without evidence of actual duties and authority.
Insufficient doing-business evidence Formation documents, a lease and a bank balance do not establish regular, systematic and continuous commercial operations.
Ability-to-pay evidence omitted The U.S. petitioner should document its own ability to pay rather than relying only on consolidated group revenue or foreign-company assets.
Final-stage eligibility assumed Form I-140 approval does not independently establish eligibility for adjustment of status, admissibility or immigrant visa issuance.

Spouse, children, cross-chargeability and CSPA

A spouse and unmarried children under age 21 may seek permanent residence as derivative beneficiaries. Each family member must complete the applicable adjustment or immigrant visa process and satisfy the relevant medical, security, admissibility and documentation requirements.

Child Status Protection Act

For an employment-based derivative child, CSPA age is generally calculated by subtracting the time Form I-140 was pending from the child’s biological age when an immigrant visa becomes available. The child must remain unmarried.

For requests filed on or after August 15, 2025, USCIS generally uses the Final Action Dates chart to determine visa availability for CSPA age calculation. The relevant date is generally the later of Form I-140 approval or visa availability under the Final Action Dates chart.

The child generally must seek to acquire lawful permanent residence within one year after visa availability. Limited extraordinary-circumstances provisions may apply, but children approaching age 21 require case-specific timing analysis.

Cross-chargeability

Chargeability is generally based on country of birth rather than citizenship. Spouses accompanying or following to join may sometimes use each other’s country of chargeability. A derivative child may use the chargeability of either parent when the statutory conditions are met. A parent cannot use a child’s country of birth for cross-chargeability.

Frequently asked questions about EB-1C

Does the beneficiary need to hold L-1A status first?

No. L-1A status is not a prerequisite for EB-1C. A qualifying U.S. employer may file Form I-140 when all EB-1C requirements are established.

Can a founder or company owner qualify?

Potentially. Ownership does not prevent eligibility, but the petition must still establish a qualifying multinational relationship, qualifying employment abroad and a primarily managerial or executive U.S. position.

How many U.S. employees are required?

There is no fixed employee minimum that applies to every petitioner. USCIS considers the organization’s size, nature, development and reasonable staffing needs, while determining whether the beneficiary is primarily managing rather than performing routine work.

Can a function manager qualify without direct reports?

Potentially. The petition must identify an essential function, establish the beneficiary’s senior authority over it and show that the beneficiary manages the function instead of personally carrying out its daily activities.

Does premium processing speed up the entire green card case?

No. Premium processing accelerates a qualifying USCIS action on Form I-140. It does not control Visa Bulletin movement, Form I-485 adjudication, immigrant visa scheduling, admissibility review or the availability of an immigrant visa number.

Employment-based immigration Compare principal employment-based immigrant classifications. L-1 intracompany transfers Review temporary intracompany transfer requirements and the relationship between L-1A and EB-1C. Form I-140 immigrant petition Understand the petition stage, priority dates and USCIS filing process. Form I-485 adjustment of status Review permanent residence processing for eligible applicants inside the United States.

EB-1C green card eligibility for multinational executives and managers