EB1-C Frequently Asked Questions

Does the business filing under this classification have to get a labor certification from the Department of Labor?

No. Labor certification is not required for this classification. However, there must be an offer of employment from a prospective United States employer.

Can an alien file for him/herself under this classification?

No. A United States employer must petition for the alien under this classification.

Who else can benefit from the EB-1C petition filed by my company?

Your spouse and children under 21 years old may benefit from the petition. That means that once EB-1C petition is approved, all the qualifying family members (spouse and children 21) can apply for adjustment of status or consular process applications.

Is the L-1A visa a prerequisite for the EB-1C petition?

No. An employer can file an EB-1C application directly, provided all EB1C requirements are met. In fact, the beneficiary’s previous status is irrelevant to the success of an EB-1C application.

Furthermore, the transferee does not even need to have visited or worked in the United States before filing an EB-1C petition. Meanwhile, because of subtle differences in the practical review standards for each visa, L-1A holders are not guaranteed EB-1C approval.