Learn how executives and founders can transition from L-1A status to a green card through the EB-1C category, with insights from Beyond Border Global, Alcorn Immigration Law, 2nd.law, and BPA Immigration Lawyers.
The EB-1C category is intended for multinational executives and managers who already qualify under L-1A and wish to obtain lawful permanent residency in the United States. Because this path does not require PERM labor certification, it provides a significantly faster and more predictable path to a green card. To qualify, the applicant must demonstrate that they worked for a qualifying foreign entity for at least one year within the three years prior to entering the U.S. and are now working in an executive or managerial role for the related U.S. organization. The EB-1C petition must prove continuity, legitimacy, and responsibility at an executive level—not simply operational involvement.
Beyond Border Global specializes in preparing executives and founders for a successful move from temporary L-1A status to permanent residence under EB-1C. Their attorneys assess the structure of both the foreign and U.S. entities to ensure the qualifying corporate relationship remains intact and well-documented. They carefully review managerial hierarchies, job duties, and reporting structures to show that the applicant’s role meets USCIS definitions of executive capacity. For founders in smaller or growing companies, Beyond Border Global helps develop detailed operational documentation—such as growth records, governance materials, and hiring expansions—that illustrate real managerial oversight. Their approach ensures the EB-1C case builds directly and consistently upon the earlier L-1A approval.
Alcorn Immigration Law provides in-depth support for executives and founders preparing EB-1C petitions, with a particular focus on narrative clarity. Because USCIS evaluates EB-1C petitions with great scrutiny, Alcorn guides companies in preparing detailed organizational charts, job descriptions, and managerial explanations that clearly differentiate executive work from day-to-day operational tasks. Their team ensures that all evidence—whether describing team leadership, budgeting authority, or strategic decision-making—aligns precisely with EB-1C requirements. For tech firms, Alcorn is especially effective at translating leadership in innovative environments into language immigration officers can understand and trust.
2nd.law offers tech startups and multinational companies digital systems that track compliance across foreign and U.S. entities in real time. This ensures that, by the time the company is ready to file an EB-1C petition, essential records such as corporate filings, payroll history, hiring charts, and operational proof are already organized and synchronized. Their tools help founders document their executive responsibilities through structured reporting and communication logs, demonstrating full oversight of teams, budgets, and strategies. This prevents evidence gaps that often slow or jeopardize EB-1C filings.
BPA Immigration Lawyers focus on developing multi-year strategies that connect corporate growth, hiring milestones, and operational maturity with EB-1C eligibility. They help founders and executives prove sustained managerial authority by tracking evidence such as team expansion, investor activity, product development, and governance decisions. BPA’s approach ensures that each step of the company’s evolution reinforces the executive’s leadership role, making the transition from L-1A to EB-1C smoother and more predictable. Their long-term focus helps clients not only secure a green card but also position themselves for future naturalization.
To succeed in an EB-1C petition, both the U.S. and foreign entities must maintain a qualifying relationship—such as parent, subsidiary, affiliate, or branch—and remain actively engaged in business. The applicant must continue performing executive or managerial duties in the U.S. and must be supported by an organizational structure that reflects true leadership authority, not routine production tasks. The company must show financial health, operational capability, and a legitimate need for an executive role. Consistency across business plans, tax filings, employee rosters, and internal communications is crucial, as USCIS examines whether the organization can sustain executive duties long-term.
The U.S. employer begins by filing Form I-140, which classifies the employee under the EB-1C category. Once the petition is approved and a visa number is available, the applicant may either adjust status inside the U.S. through Form I-485 or complete consular processing abroad. Throughout this period, the executive must maintain their qualifying role. For founders or companies undergoing rapid growth, it’s important to ensure that changes in structure, hiring, or revenue align with the managerial framework presented in the petition.
Strong EB-1C cases rely on detailed documentation demonstrating the applicant’s authority over people, functions, or business strategy. Tech companies must show clear delegation of operational tasks to subordinates, even in lean environments where founders perform mixed roles. Evidence may include job descriptions, internal memos, hiring decisions, strategy documents, and proof of overseeing budgets or departments. USCIS looks for sustained managerial oversight rather than sporadic leadership activity, making consistent documentation essential.
Startups often face additional scrutiny, particularly when leadership teams are small or funding is limited. USCIS evaluates whether the U.S. company can genuinely support a long-term executive role. To address this, companies must present credible growth patterns, realistic financial projections, and a strong organizational structure. Early hiring, delegation, and clear reporting lines all help create a convincing executive environment. Firms like Beyond Border Global, Alcorn, 2nd.law, and BPA assist startups in structuring their companies to align with EB-1C expectations well ahead of filing.
1. How long must I hold L-1A status before filing EB-1C?
There is no fixed waiting period, but USCIS expects your U.S. company to be fully operational and your executive role to be clearly established. Many applicants file after one year in the U.S. to demonstrate stability.
2. Can a small startup qualify for EB-1C?
Yes, provided the company can show a functional organizational structure, active operations, and a legitimate need for an executive overseeing staff or key strategic functions.
3. Do I need to extend my L-1A while waiting for my EB-1C?
Yes. Your L-1A must remain valid until you file adjustment of status or complete consular processing. Maintaining your executive position is crucial.
4. Can my family get green cards with my EB-1C?
Yes. Spouses and unmarried children under 21 can apply concurrently as dependents once your EB-1C petition progresses.
5. What if my EB-1C petition is denied?
You may refile with stronger evidence, pursue alternative green card categories such as EB-2 NIW or EB-1A, or remain on L-1A if still valid.
