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EB-1C Visa Frequently Asked Questions

What is the EB-1C visa for?

The EB-1C visa is for multinational managers or executives who want to become lawful permanent residents (green card holders) in the U.S. while continuing their employment with a qualifying U.S. company.

What are the main criteria for the EB-1C visa?

To qualify for the EB-1C visa, you must meet several criteria, including having been employed by a qualifying foreign parent, U.S. affiliate, or subsidiary of the U.S. for at least one of the past three years, and the branch or office in the U.S. must intend to employ you in a managerial or executive role.

Do I need a job offer to apply for an EB-1C visa?

Yes, you need a job offer from a qualifying branch or office in the U.S. that has a qualifying relationship with a foreign affiliate or subsidiary where you have been employed.

Can I include my family members in the EB-1C application?

Yes, you can include your spouse and unmarried children under 21 in your EB-1C application. They can obtain green cards as derivative beneficiaries.

How long does the EB-1C visa application process take?

Processing times can vary, but it generally takes several months to receive a decision on your EB-1C petition and longer for consular processing if you are outside the United States. If you apply for premium processing it will take two weeks.

Can I apply for an EB-1C visa while in the U.S. on a different visa status?

Yes, you can apply for an EB-1C visa while in the U.S. on a different visa status, such as an L-1 visa.

Can I apply for permanent residency (a green card) directly with the EB-1C visa?

Yes, the EB-1C visa is an employment-based immigrant visa category that leads to lawful permanent residency (a green card) without the need for a labor certification, but you do need an employer sponsorship.

Can I work for any employer in the U.S. with an EB-1C visa?

Initially, your EB-1C visa is tied to your sponsoring employer (the U.S. company that offered you a job). However, you can later change employers after you get your green card.

Can I travel outside the U.S. while my EB-1C petition is pending?

Yes, you can travel while your petition is pending, but you should have the necessary travel documents, and it’s essential to ensure that you don’t jeopardize your immigration status.

Can I apply for an EB-1C visa if I have a managerial or executive role in a foreign company that is not affiliated with a U.S. company?

No, the EB-1C visa specifically requires a qualifying relationship between the U.S. company and the foreign affiliate or subsidiary. If there is no such relationship, you may not be eligible for this category.
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Rishabh Chaudhry
Rishabh Chaudhry
Phenomenal Service each step of the way with great communication from Davidson Team. Recommend using them if you want the process to be hassle free.
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Utkrisht Yadav
Utkrisht Yadav
Been working with DLG team for over 5 years and they helped me and wife through multiple applications for H1B, I-140, H4, and 485/AOS. Throughout the whole team has been an absolute pleasure to work with, they know all the immigration rules and complexities and guided us through many situations. Always felt we are in good hands.
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Gurbani Singh
Gurbani Singh
Very professional, highly knowledgeable and seamless to work with. Had a great experience working with Dana, Leyla and rest of the team.
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Amazing team of lawyers. Doing everything they could to help the clients. Very thorough and client centered
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Dr. Metehan Imamoglu
Dr. Metehan Imamoglu
I had the chance to meet Dana and her team after a very unpleasant experience with another attorney during my O-1 visa petition. Their expertise, dedication and attention to detail were so evident from the very beginning. I truly felt I was in the best hands. Thank you again for your hard work and commitment.
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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010