Short answer: The EB-1C green card category does not require PERM for a qualifying multinational manager or executive. However, a U.S. employer must file Form I-140, prove a qualifying relationship with the foreign company, and show that the U.S. business has operated for at least one year.
The targeted October 8 PERM suspension has made this category more visible. Still, EB-1C is not an automatic substitute. The foreign employment period, the actual managerial duties, and active operations of both companies require detailed evidence.
What you will find in this article
- Why EB-1C does not require labor certification
- The three core eligibility requirements
- How managerial and executive capacity differ
- Why one year of U.S. operations matters after new-office L-1A
- Current I-140 and premium processing charges
- Which role and company records weaken a case
Quick overview
| Question | Short answer |
|---|---|
| Is PERM required? | No. The employer files Form I-140 directly. |
| Who petitions? | The qualifying U.S. employer. |
| How much foreign employment is needed? | At least one year within the relevant three-year period. |
| How long must the U.S. company operate? | It must have done business for at least one year. |
| What is the premium period? | USCIS must take action within 45 business days. |
| What is the October 2026 worldwide EB-1 date? | Current for final action. |
Why does the EB-1C green card avoid PERM?
8 C.F.R. 204.5(j)(5) states that labor certification is not required for this classification. Instead, the U.S. employer offers a permanent position in managerial or executive capacity and files the immigrant petition.
However, the absence of PERM does not remove the employer. Unlike EB-1A, the beneficiary cannot self-petition for EB-1C. The employer submits Form I-140 and documents a real job offer, its ability to pay, and the qualifying corporate structure.
The October 8 targeted PERM action highlights the difference. The PERM suspension announced on October 8 is the reason many employers are looking at this route again. Nevertheless, an employee cannot move into EB-1C merely because a PERM case stopped. The record must contain qualifying corporate ties and prior managerial or executive work abroad.
What three EB-1C green card requirements control?
| Requirement | Typical evidence |
|---|---|
| One year of qualifying foreign work | Payroll, contracts, role records, employer letters |
| Qualifying corporate relationship | Ownership charts, share records, formation and financial documents |
| One year of U.S. doing business | Tax, payroll, contracts, banking, and operating records |
First, the beneficiary must have worked abroad in managerial or executive capacity for at least one year within the relevant three-year period. For people already working in the United States for the same corporate group, travel and employment history can affect how that window is calculated.
Moreover, the foreign and U.S. entities must share a parent, branch, subsidiary, or affiliate relationship recognized by the regulation. For example, a common brand or commercial partnership alone does not establish ownership and control.
Finally, the U.S. petitioner must have been doing business for at least one year. Formation papers, a bank account, or an office lease cannot replace regular provision of goods or services.
How does EB-1C green card managerial capacity differ?
First, the regulation defines managerial and executive capacity separately. A personnel manager may direct a department or a group of professional employees. A function manager may direct an essential function at a senior level even without many direct reports.
An executive directs the management of the company or a major component, establishes goals and policies, exercises broad discretion, and receives only general supervision. In contrast, a person who personally performs the company’s daily production or service work may not fit that role.
Therefore, job descriptions need duty percentages, decision examples, and organization charts. A sentence such as “manages operations” provides little usable detail. The new-office L-1 evidence guide explains how staffing and operational records can support the claimed managerial structure.
When can a new-office L-1A case move toward EB-1C?
New-office L-1A gives a U.S. operation an initial development period. By contrast, EB-1C requires the petitioner to have done business for at least one year when it files the petition. An initial L-1A approval therefore does not satisfy the later requirement by itself.
For example, the one-year test concerns activity, not merely elapsed time. Sales, customers, employees, contracts, and operating records should show regular provision of goods or services. Evidence used for a new-office L-1 extension often becomes relevant to the EB-1C record.
Still, a small staff does not automatically prevent approval. However, the company must explain who performs the daily operational work. If the beneficiary personally handles sales, delivery, administration, and production, USCIS may question whether the primary role is managerial.
What are the EB-1C green card fees and premium period?
| Item | Amount or period |
|---|---|
| Form I-140 | $715 |
| Asylum Program Fee, most employers | $600 |
| Asylum Program Fee, 25 or fewer employees | $300 |
| Asylum Program Fee, nonprofit | $0 |
| Premium processing | $2,965 |
| Premium action period | 45 business days |
The current USCIS fee schedule lists a $715 I-140 charge. The separate Asylum Program Fee depends on employer size and nonprofit status. Employers should recheck the USCIS fee schedule on the filing date.
EB-1C premium processing uses 45 business days, not the 15-day period used for several other I-140 classifications. Premium service guarantees agency action, not approval. USCIS may approve, deny, issue an RFE, or send another qualifying notice. An RFE response starts a new period.
How does the Visa Bulletin affect EB-1C?
I-140 approval does not always mean immediate Green Card issuance. Visa availability depends on country of chargeability and the monthly bulletin. The October 2026 bulletin lists EB-1 final action as Current for the worldwide column.
Turkey-born applicants generally use that worldwide column. Nevertheless, monthly dates can change, and USCIS separately identifies which chart may govern adjustment filings. Planning should not rely on one month’s status alone.
L-1A status and immigrant-visa processing also need separate tracking. Our 2026 L-1 renewal guide explains why consular and status steps do not merge into the Green Card case.
What facts can weaken an EB-1C green card case?
Vague job duties create a central risk. Without daily responsibilities and subordinate roles, USCIS may conclude that the beneficiary primarily performs operational tasks rather than directing them.
Likewise, a website or shared surname does not prove the corporate relationship. Share registers, resolutions, and financial records should reflect the same ownership and control chain. The foreign company must also continue doing business.
Finally, planned staffing and actual records should match. Employees shown on an organization chart should appear in payroll evidence, while claimed revenue should align with tax and banking documents.
Common mistakes
- Treating L-1A approval as automatic EB-1C eligibility
- Using the incorporation date as proof of active business
- Replacing duty evidence with a managerial title
- Treating a shared brand as a qualifying relationship
- Describing premium processing as guaranteed approval
- Giving an I-485 date without checking the current bulletin
Short checklist
- Document the one-year foreign employment period.
- Map ownership and control between both entities.
- Collect one year of U.S. operating records.
- Explain duties with percentages and decision examples.
- Calculate fees according to employer size.
- Check the Visa Bulletin and USCIS filing chart separately.
Frequently asked questions
Does an EB-1C green card require prior L-1A status?
No. Prior L-1A status is not mandatory, although both categories use related multinational manager concepts.
Can the beneficiary self-petition?
No. The qualifying U.S. employer files Form I-140 and offers the permanent managerial or executive role.
Can a newly formed U.S. company file immediately?
The U.S. petitioner must have been doing business for at least one year. Formation alone does not satisfy the rule.
Can a company with few employees qualify?
Possibly. The record must show a reasonable structure and explain who performs the operating work that the beneficiary directs.
Does premium processing guarantee approval in 45 days?
No. USCIS must take a qualifying action within 45 business days. That action can include an RFE or denial.
Is EB-1 current for Turkey in October 2026?
Yes. The October worldwide final-action column is Current. Future bulletins still require separate review.
Conclusion: No PERM, but substantial company evidence
EB-1C provides a PERM-free Green Card route for qualifying multinational managers. A strong case depends on one year of foreign work, a documented corporate relationship, active U.S. operations, and genuinely managerial or executive duties.
To assess your corporate structure and proposed role, contact Clinch Law Firm.
Legal information notice
This article provides general information only. It does not create an attorney-client relationship, provide individualized advice, or guarantee an outcome. Legal information checked on: October 12, 2026.
