EB1C 1 year requirement

USA Other
#1

I am trying to phrase uscis wording for EB1C requirement for 1 year. 1st link says “You must have been employed outside the United States for at least 1 year in the 3 years” while 2nd link says “You must have worked in a managerial or executive capacity for a firm or corporation outside the United States for at least one year”. Do we need to be physically outside of US to qualify for EB1C or based on 2nd link description I am elaborating if we have worked for foreign entity from US as a manager, still it qualifies for EB1C?

1st link : Employment-Based Immigration: First Preference EB-1 | USCIS

2nd link: EB-1: Employment Based Immigration – Permanent Workers – Extraordinary Ability/Outstanding Professor/Multinational Executive | USCIS

#2

Its a combination of both. You must have worked outside the US in a managerial capacity.

1 Like
#3

Hi Anil,
I have a query for EB1.Please help me.

“I worked for employer X in India as Manager for 3.5 years & then relocated to US(same employer X) in June2017 with L1B & worked in US as software engineer. After some 2.8 years in US,I got transferred to India(same employer X) for some 3 months because of family emergency. After 3 months, I relocated back to US(same employer X) with H1B (I was lucky to get H1B in lottery)…Now I am promoted as manager in US.”… I have below queries

  1. Am I eligible for GC in EB1…?
  2. This(3 months transfer to India–same employer & manager role, as explained above) will create any issue for filing GC in EB1…?..Will this reset the timer defined in EB1 rule(a person should be manager in India for atleast 1 year in 3 years preceding the petition…)

Please kindly respond. Thanks…

#4
#5

Thanks Anil.
I read your article. It is very informative…
What I understood is,in my case,the 3 years period is June-2014–June2017.I have worked as manager(same employer) in India for this whole period. So I think, I should be eligible for GC in EB1C category…

Thanks.

#6

I have some question on EB1C

If employee is in India as a manager (getting paystub from India) with some engineers reporting for 1-1.5 year and then if employee move to US (getting paystub from US) but all engineers reporting are still in India. Does this qualify under EB1C?