Daniel L Carpenter Law LLC Employment-Based Immigration

For employers

EB-1C: Multinational Manager or Executive

Permanent residence for the executives and managers you already moved into the United States, with no labor certification and no recruitment.

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What the category requires

A qualifying corporate relationship.

The U.S. petitioner and the foreign entity must stand in a parent, subsidiary, affiliate, or branch relationship, documented through ownership and control rather than asserted.

A qualifying year abroad.

The beneficiary must have been employed abroad by the related entity in a managerial or executive capacity for a qualifying period within a defined window before the transfer or the petition.

Managerial or executive capacity, both ends.

The role abroad and the role in the United States must both qualify. This is where cases fail. A title is not a capacity, and supervising work is not the same as managing an organizational function.

A doing-business petitioner.

The U.S. entity must have been doing business for the required period before filing, which is why a brand-new U.S. office cannot file this petition on day one.

Authority: INA § 203(b)(1)(C); 8 C.F.R. § 204.5(j). Verify against the current text before relying on it.

The path most multinationals do not plan

An L-1A transfer today can set up an EB-1C petition in a year or two: permanent residence with no labor certification, no recruitment, and no PERM timeline.

That path depends on decisions made at the time of the L-1A filing , how the U.S. role is structured, how the organization is documented, and whether the managerial or executive character of the position is established from the outset rather than asserted later. Most companies discover the connection after the L-1A is approved, when the structure is harder to change.

Where cases go wrong

  • A U.S. role that manages a project or a product rather than people or a function
  • Small U.S. operations where the beneficiary demonstrably performs the work rather than directing it
  • The year abroad spent in a role that was technical rather than managerial
  • Corporate relationship documented by org chart alone, with no ownership evidence
  • An assumption that L-1A approval predetermines EB-1C approval: it does not; the standards are related but separately adjudicated

Let's talk about your matter.

Consultations are scheduled directly with me. If you're facing a filing deadline say so first and I'll prioritize it.

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[email protected] · (508) 591-0775 · Kingston, Massachusetts