EB-1C Green Card for Multinational Managers (2026)
Bu sayfanın Türkçesi: EB-1C: Çok Uluslu Yönetici Yeşil Kartı
On September 18, 2026, the President signed a proclamation extending the $100,000 payment requirement for certain new H-1B petitions through September 21, 2027. For companies that already operate both in Turkey and in the United States, that news is a reminder that there is another route for key people, one outside the H-1B system altogether: the EB-1C multinational manager green card.
Why EB-1C is in the news this week
The original $100,000 H-1B proclamation was issued in September 2025. On June 8, 2026, a federal district court vacated the payment requirement, and on July 24, 2026 the First Circuit declined to stay that ruling. The government’s appeal is pending. The September 18, 2026 proclamation extends the policy through September 21, 2027, and practitioners disagree on whether USCIS may resume collecting the payment while the court order stands.
Whatever happens in that litigation, the uncertainty itself has consequences. Companies that move managers between Turkey and the United States are reviewing their plans, and many are turning to the L-1A visa and the EB-1C green card, which follow different rules and are not subject to the H-1B lottery or the H-1B payment.
Who qualifies for EB-1C
| Requirement | What it means | Typical evidence |
|---|---|---|
| One year abroad | At least one continuous year of managerial or executive work for the related foreign company in the three years before filing, or before entering the U.S. as a nonimmigrant for the same employer | Payroll records, employment letters, organizational charts |
| Qualifying relationship | The U.S. and foreign companies are parent and subsidiary, affiliates or branches of the same entity | Share registers, articles of incorporation, ownership charts |
| U.S. employer doing business | The U.S. petitioner has been doing business for at least one year: regular, systematic and continuous provision of goods or services | Tax returns, invoices, contracts, bank statements |
| Managerial or executive U.S. role | The offered position meets the INA 101(a)(44) definitions | Detailed job description, U.S. org chart, subordinate roles |
Manager or executive: the question that decides most cases
Immigration law defines both roles in INA 101(a)(44). A manager manages the organization, a department or a function; supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function at a senior level; and has authority over personnel or the function. An executive directs the management of the organization or a major component, establishes goals and policies, and exercises wide latitude in discretionary decision-making.
Most EB-1C problems come from job descriptions that read like managerial titles on top of hands-on work. USCIS looks at what the person actually does day to day, who reports to them, and whether the company’s staffing supports the claim. The law allows USCIS to consider the reasonable needs of the organization in light of its stage of development, but a small U.S. office still has to show who performs the routine work.
An EB-1C petition succeeds on the organizational chart as much as on the title. The chart has to show who does the work so the manager can manage.
From L-1A to EB-1C
The most common path is an L-1A intracompany transfer followed by an EB-1C petition. Time spent in the U.S. does not count toward the one year abroad, but for someone already working here for the same company group, the three-year lookback is measured from the date they entered as a nonimmigrant. That rule protects L-1A managers who transfer and then pursue a green card.
- Step 1: I-140 petition. The U.S. employer files, with the option of premium processing.
- Step 2: Visa availability. In the September 2026 Visa Bulletin, EB-1 is current for all chargeability areas, which includes applicants born in Turkey; China and India have cutoff dates.
- Step 3: Green card. Adjustment of status (Form I-485) inside the U.S., or immigrant visa processing through a U.S. consulate abroad.
A U.S. company must have been doing business for at least one year before it can file an EB-1C petition. A new office opened for an L-1A transfer should plan its staffing and documentation from day one with the later green card in mind.
Frequently asked questions
Does EB-1C require a PERM labor certification?
No. EB-1C is a first-preference category, and the U.S. employer files Form I-140 without a labor certification.
Does time in the U.S. on an L-1A count toward the one year abroad?
No. The year must be spent working abroad for the related company. For someone already in the U.S. working for the same company group, the three-year lookback is measured from their entry as a nonimmigrant.
How long does EB-1C premium processing take?
USCIS offers premium processing for EB-1C I-140 petitions with a 45-business-day time frame. The fee has been $2,965 since March 1, 2026.
Does the $100,000 H-1B payment apply to EB-1C or L-1?
No. The payment requirement applies to certain new H-1B petitions. EB-1C and L-1 are separate categories. The H-1B requirement itself is currently the subject of litigation.
What you should do now
- Map the ownership links between the Turkish and U.S. companies, with documents for each link.
- Confirm the dates of the manager’s qualifying year abroad.
- Build a U.S. organizational chart that shows who performs day-to-day work.
- Have the job description reviewed against INA 101(a)(44) before filing.
Ozek Law Firm, LLC · Tolga Ozek, Attorney at Law
4500 East West Highway, Suite 150, Bethesda, MD 20814
+1 (202) 854-8545 · info@ozeklaw.com · ozeklaw.com/contact
Tolga Ozek is the founder of Ozek Law Firm, LLC in Bethesda, Maryland. His practice covers business and immigration law, including investor and intracompany-transfer visas, employment-based immigration, and adjustment of status. The firm advises clients in English, Turkish and Spanish.
We review the corporate structure, the manager’s role and the timing of L-1A and EB-1C filings, in English or Turkish.
This page is for general information only and does not constitute legal advice. Attorney Advertising. Fees, processing time frames and Visa Bulletin dates are as published as of Sept. 25, 2026, and the status of the H-1B payment requirement is the subject of ongoing litigation; confirm current information at uscis.gov and travel.state.gov. No attorney can guarantee a result.
Ozek Law Firm, LLC · 4500 East West Highway, Suite 150, Bethesda, MD 20814 · +1 (202) 854-8545 · info@ozeklaw.com · www.ozeklaw.com
Admitted in Maryland, New York and Washington, D.C.; federal immigration practice throughout the United States. Consultations in English, Turkish, Spanish and Swedish; interpreters for other languages.
