EB-1C Visa: Complete Guide for Multinational Executives

The EB-1C visa is the first preference category for executives and managers of multinational companies who wish to obtain permanent residence in the United States. Unlike other employment-based categories, the EB-1C waives the labor certification (Labor Certification/PERM), which significantly speeds up the process. The multinational company, as the petitioner, files the Form I-140 on behalf of the transferred professional.

This route is especially relevant for organizations with operations in more than one country that need to move leadership talent to the United States. The EB-1C is part of the first preference of employment-based visas, sharing the same category with the EB-1A (extraordinary ability) and EB-1B (outstanding professors and researchers). For most countries, including Brazil, the EB-1 category is current (no backlog) in the May 2026 Visa Bulletin.

Understanding the legal requirements, the definitions of managerial and executive capacity, and the updated fees is essential to build a strong petition. This guide covers every aspect of the EB-1C process with data current as of April 2026.

Legal Basis and Framework

The EB-1C is provided for in Section 203(b)(1)(C) of the Immigration and Nationality Act (INA) and regulated by 8 CFR 204.5(i). The category allows U.S. employers to sponsor the transfer of managers or executives who have worked abroad for the same organization or a qualified related entity. Labor certification is not required, but a job offer in a managerial or executive position in the U.S. is mandatory.

It is important to note: unlike the EB-1A, the EB-1C does not allow self-petition. The U.S. company must be the petitioner and prove that both it and the foreign entity maintain a qualified corporate relationship. The process depends both on the professional’s profile and the company’s structure and operation.

Professional Requirements

The beneficiary must have worked outside the United States for at least one year within the three years immediately preceding the date of the petition or entry into the U.S., in a managerial or executive position. This year of experience must have been with the same organization that is transferring the professional, or with an affiliate, subsidiary, or parent of that organization.

The professional must be transferred to the U.S. to assume a managerial or executive leadership position in the U.S. company. It is not enough for the position to have a managerial title; the actual duties performed must correspond to the legal definitions of managerial or executive capacity established in the INA.

Company Requirements

The petitioning company in the U.S. must have been doing business for at least one year before filing the I-140. This requirement applies to both the U.S. entity and the foreign entity: both must be actively operating, not just existing on paper. The relationship between the entities must be that of parent, subsidiary, affiliate, or branch.

Additionally, the company must prove that it will continue to operate in the U.S. after the petition is approved. Companies in the process of closing or without substantive operations may have the petition denied. USCIS reviews documents such as tax records, payroll, financial statements, and evidence of commercial activity to verify the company’s viability.

Managerial and Executive Capacity

The INA defines executive capacity as a function in which the professional directs the management of the organization or a major component or function, receiving only general supervision from higher-level executives, the board of directors, or shareholders. The executive sets goals and policies, exercises broad decision-making autonomy, and receives only high-level direction.

Managerial capacity, in turn, can mean managing an organization, department, or function. The manager must supervise and control the work of other professional-level employees or manage an essential function of the organization. In smaller companies, USCIS accepts the concept of a “functional manager,” who manages an essential function without necessarily having direct subordinates, as long as they operate at a senior level.

A common pitfall is the beneficiary performing day-to-day operational tasks instead of genuinely managerial or executive functions. USCIS examines the actual activities, not just the organizational chart or job title.

Fees and Processing Times in 2026

The base fee for Form I-140 is US$ 715, plus the Asylum Program Fee of US$ 600, totaling US$ 1,315 at the time of filing. For those opting for Premium Processing, the additional fee for Form I-907 is US$ 2,965 as of March 1, 2026. For the EB-1C, the Premium Processing timeframe is 45 business days, longer than the 15 business days applicable to the EB-1A.

After I-140 approval, the next step is adjustment of status via Form I-485 (if the beneficiary is already in the U.S.) or consular processing. The I-485 fee in 2026 is US$ 1,440 per applicant, already including biometrics. For most countries, including Brazil, the EB-1 category is current (“C”) in the Visa Bulletin, which allows concurrent filing of the I-485 with the I-140.

EB-1C versus L-1A

The L-1A visa is the temporary (nonimmigrant) equivalent that allows the transfer of managers and executives of multinationals for up to seven years. Many companies use the L-1A as a bridge to the EB-1C: the professional enters the U.S. with L-1A status and, while working, the company files the I-140 petition in the EB-1C category for permanent Green Card status.

Although the requirements for corporate relationship and managerial/executive capacity are similar, the EB-1C requires the U.S. company to have been operating for at least one year, while the L-1A can be used to open a new office. Additionally, the EB-1C results in permanent residence, while the L-1A is temporary and subject to renewal.

Common Mistakes in the Process

• Presenting a position with a managerial title but predominantly operational or technical duties.
• Failing to demonstrate the qualified corporate relationship with proper documentation (corporate contracts, ownership records, corporate organizational charts).
• Counting time worked in the U.S. in L-1A status as part of the one-year foreign experience requirement; only experience outside the U.S. is valid.
• U.S. companies with insufficient operations or unable to prove financial viability to maintain the offered position.
• Not distinguishing between a functional manager and a personnel manager when the company does not have enough hierarchy to justify direct supervision of teams.

A well-prepared EB-1C petition requires detailed documentation of both the professional’s profile and the company’s structure. This includes organizational charts, detailed job descriptions, corporate records of both entities, and evidence of ongoing commercial activity. Professionals who fit the profile should carefully assess whether their actual duties match the legal definitions before starting the process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.