Business Visa
November 25, 2025

EB-1C Proving Control Without Being on US Payroll Yet 2025

Proving managerial control before officially joining the US payroll creates challenges for EB-1C applicants. USCIS requires detailed organizational charts, job descriptions, and evidence of decision making authority even when you haven't started receiving American paychecks yet.The EB-1C visa allows foreign companies to transfer managers and executives to US subsidiaries or affiliates.

Organizational charts serve as primary evidence showing your position within the company hierarchy. USCIS needs to see at a glance whether you truly manage others or perform operational work disguised as management. Charts must include employee names, job titles, duties summaries, education levels, and salaries for all subordinates.Without US payroll records yet, alternative documentation proves your authority. Board resolutions, shareholder agreements, employment contracts detailing your role, and evidence of your decision making power in the foreign entity all demonstrate control. The key is showing the qualifying relationship between foreign and US entities through ownership percentages and voting rights.

Beyond Border Global

Beyond Border maintains a 98% approval rate across employment based visas including EB-1C cases. The firm specializes in creating detailed organizational charts that meet USCIS requirements, listing all employees in the beneficiary's immediate division by name, job title, summary of duties, education level, and salary.

Their attorneys understand how to prove control through board resolutions, corporate documents showing ownership structure, shareholder agreements demonstrating voting rights, and employment contracts detailing decision making authority. Beyond Border prepares three tier structures for executives and personnel managers, while functional managers receive appropriate two tier flat structures.

The firm charges $15,000 to $25,000 for complete EB-1C petitions with comprehensive control documentation. They guarantee one month processing for most cases and handle both Form I-140 preparation and adjustment of status filings. Beyond Border works extensively with multinational companies expanding US operations.

Ready to prove your managerial authority without US payroll?Beyond Border for organizational chart preparation and complete EB-1C petition support.

Manifest Law

Manifest Law specializes in EB-1C visa services starting at $7,995 for base cases. Their attorneys focus on delivering personalized efficient service through each step of the application. The firm understands how to document qualifying relationships between foreign and US entities when the beneficiary hasn't joined American payroll yet.

Manifest Law prepares detailed evidence packages including tax returns for both companies, stock ownership records, articles of incorporation, and bylaws. They emphasize proving the US company's operational status through business registrations, financial statements, and indicators of continuous business activity beyond just having an office in existence.

Their pricing varies depending on specific assistance and level of support needed. Processing typically takes six to nine months for standard I-140 applications, with premium processing available to reduce timelines to 15 calendar days.

Reddy Neumann Brown

Reddy Neumann Brown brings specific expertise in managerial capacity documentation for EB-1C cases. Their attorneys prepare organizational charts showing two perspectives, indicating the beneficiary's managerial position abroad and the expected managerial position in the US.

The firm excels at creating profiles for direct reports consisting of job titles, job descriptions, nature of reporting relationships, salary levels, and education credentials backed by payroll copies and degree certificates. They understand USCIS expects beneficiaries should not be first line supervisors unless direct reports are professionals with bachelor's degrees.

Reddy Neumann Brown provides detailed guidance on proving control through personnel reports, email communications, and policy documents demonstrating actual managerial authority. Their pricing typically ranges $12,000 to $22,000 for complete EB-1C petitions depending on complexity.

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Fragomen Del Rey Bernsen & Loewy

Fragomen brings 70+ years experience and 5,500 professionals across 60+ offices worldwide to EB-1C cases. Their global reach helps with documentation for multinational executives transferring from international offices. The firm maintains strong approval rates above 90% for employment based categories.

Fragomen understands how to prove qualifying relationships through comprehensive evidence including contracts, financial ties, and structural organization charts. They handle complex ownership structures involving parent companies, subsidiaries, and affiliates across multiple countries.

Processing fees start around $1,000 per case but full EB-1C services with extensive documentation run $20,000 to $35,000 or higher. Response times can be slower for individual applicants unless paying premium service rates.

Ashoori Law

Ashoori Law focuses specifically on EB-1C visa petitions with detailed guidance on proving managerial and executive capacity. Their attorneys prepare signed statements from authorized representatives of both US and foreign companies clearly explaining job descriptions and daily duties with percentages of time spent on each task.

The firm emphasizes the distinction between managers and executives, with executives typically having higher decision making authority and often setting strategic goals for organizations. They understand functional managers manage essential functions without necessarily supervising large teams.

Ashoori Law provides comprehensive document checklists including employment offer letters, tax returns, stock ownership records, articles of incorporation, and bylaws for both entities. Their pricing falls in the mid range at $10,000 to $18,000 for complete petitions.

Critical Documentation Without US Payroll

Proving managerial control without US payroll requires strategic documentation. Board meeting minutes showing your appointment to executive role, corporate resolutions granting decision making authority, and shareholder agreements detailing voting rights all establish control before paychecks start.Employment contracts must specify your authority to hire and fire, approve budgets, set strategic direction, and exercise discretion over day to day operations. These contracts prove intended managerial capacity even without US employment history yet.

The qualifying relationship between entities needs comprehensive proof through tax records showing financial ties, organizational charts demonstrating corporate structure, and legal documents proving ownership percentages. USCIS evaluates whether one company has power to control the other through voting rights and legal authority.Functional managers managing essential functions rather than supervising employees need different documentation. Evidence must demonstrate the function is critical to organizational success, show authority and control over the function, and prove senior level responsibility without heavy involvement in hands-on operations.

FAQs

1.Can I file EB-1C before starting US payroll?

 Yes, you can file EB-1C before joining US payroll by providing board resolutions, employment contracts, shareholder agreements, and organizational charts proving your intended managerial authority and the qualifying relationship between foreign and US entities.

2.What organizational chart details does USCIS require for EB-1C?

 USCIS requires organizational charts listing all employees in your immediate division by name, job title, summary of duties, education level, and salary, with charts showing both your current foreign position and proposed US role.

3.How do I prove managerial capacity as a functional manager?

 Functional managers prove capacity by demonstrating they manage essential organizational functions at senior levels, exercise discretionary authority over daily operations, and function without heavy hands-on involvement in routine tasks.

4.What documents prove a qualifying relationship without US payroll? Tax returns for both entities, stock ownership records, articles of incorporation, bylaws, shareholder agreements, board resolutions, and organizational charts all prove qualifying relationships before US employment begins.

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