Does EB-1C always require an I-140 petition from the employer?

Yes. In EB-1C, the I-140 petition is filed by the employer, not by the candidate. This is a core feature of the category, not merely a formality.

This is because EB-1C was designed for executives and managers transferred within the same multinational company. The logic of the category is:

• The company demonstrates that it needs that professional in an executive or senior management position.
• The employer acts as the petitioner, sponsoring the application.
• There is no self-petition option in this category where the candidate files independently.

For this reason, unlike paths such as EB-1A, in EB-1C the relationship with the sponsoring employer is indispensable for the process to exist.

Because the criteria are specific and may change, it is worth confirming updated requirements at the official USCIS source and aligning the strategy with the employer and a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.