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Explore visasI-140In depth

EB-1CEB-1C: Multinational Manager or Executive

A green card path for managers and executives transferred within a multinational company.

At a glance

Form
Form I-140, classification E13
Checked Sep 27, 2026[1,2,3]
Who files
The U.S. employer (the petitioner), not the employee
Checked Sep 27, 2026[4,5]
Labor certification (PERM)
Not required; the employer gives a job offer statement that describes the duties
Checked Sep 27, 2026[4,5]
Premium processing
45 business days; fee $2,965 since March 1, 2026
Checked Sep 27, 2026[2,6,7,8]
Filing fees
I-140: $715 by mail or $665 online, plus an Asylum Program Fee of $600 ($300 for small employers, $0 for qualifying nonprofits)
Checked Sep 27, 2026[7,9]
Priority date
The date the complete, signed I-140 with the correct fee is properly filed (no labor certification step)
Checked Sep 27, 2026[4,10]
Visa Bulletin category
EB-1, by country of chargeability (usually the country of birth)
Checked Sep 27, 2026[10,11]
Dependents
Spouse (E14) and unmarried children under 21 (E15)
Checked Sep 27, 2026[5,11]

Overview

EB-1C lets a multinational company sponsor a manager or executive it has employed abroad for a U.S. green card.

EB-1C (USCIS code E13) is a first-preference employment-based green card category. It covers someone who worked abroad for at least one year as a manager or executive for a company, or its affiliate or subsidiary, in the three years before filing, and who will keep working for the same employer or a related company in the U.S. in a managerial or executive role. If the person already works in the U.S. for that company group, the three years are counted back from their entry as a nonimmigrant.[3,4,5,11]

The U.S. employer files Form I-140. No labor certification (PERM) is required, but the employer must provide a job offer statement that clearly describes the duties.[4,13]

An approved I-140 is not a green card. It confirms the classification; once a visa number is available, the manager and family apply for permanent residence by adjusting status in the U.S. or through an immigrant visa abroad.[9,14,15]

Who it's for

Common situations where EB-1C fits, and where it doesn't.

Often a fit

  • A manager or executive working abroad for a company group that also has a U.S. company that has been doing business for at least one year.[4,5]
  • An L-1A manager or executive already working in the U.S. for the same company group, whose year of qualifying work abroad falls within the three years before the L-1 entry.[4,17]
  • A function manager who runs an essential function at a senior level, for example financial planning and analysis, even without supervising a large team.[13,18,19]

Usually not a fit

  • Coming to open a brand-new U.S. office. EB-1C has no new-office option; that exists only for L-1.[13]
  • A U.S. business run as a sole proprietorship petitioning for its own owner. That is an impermissible self-petition; a corporation the owner formed can petition.[13]
  • A U.S. office of a foreign company that is only a branch, not a separate U.S. legal entity.[13]
  • Work abroad that was specialized-knowledge work rather than managerial or executive work. There is no specialized-knowledge version of EB-1C.[13]
  • Leaving the company group for more than two years after coming to the U.S. Another year of qualifying work abroad would be needed.[13,17]

Eligibility

What the petition must prove, as of the filing date and through the decision.

The five requirements

  1. Qualifying relationship: the U.S. employer is the same company as the foreign employer, or its parent, subsidiary or affiliate.[4,13]
  2. One year abroad: at least one year of managerial or executive work for the foreign entity in the three years before filing, or in the three years before entering the U.S. as a nonimmigrant if already working here for the same group.[4,11]
  3. A managerial or executive U.S. job: a permanent job offer whose duties fit the legal definitions and are clearly described.[4,13]
  4. Doing business: the U.S. employer has been doing business for at least one year when the petition is filed, and the U.S. employer and at least one qualifying entity abroad keep doing business until the green card is issued.[4,13]
  5. Ability to pay: the employer can pay the offered salary from the priority date until the manager becomes a permanent resident.[4,20]

Eligibility has to exist when the petition is filed and continue through the decision. An RFE can't fix a gap: USCIS denies a petition when the evidence submitted in response doesn't show eligibility as of the filing date.[16,21]

The standard of proof is a preponderance of the evidence: the employer must show that each requirement is more likely true than not.[16,22]

Unlike the L-1 rule, the year abroad for EB-1C does not have to be continuous; it has to add up to at least one year within the window.[13,17]

Foreign employment

The year of managerial or executive work abroad, and how the three-year window is measured.

If the manager is outside the U.S., the year abroad must fall within the three years immediately before the petition is filed. If the manager already works in the U.S. for the same employer or a related company, it must fall within the three years before their entry as a nonimmigrant.[4,9]

A single U.S. entry doesn't preserve eligibility forever. Under Matter of S-P-, someone who left the company group for more than two years after entering the U.S. no longer meets the one-in-three rule and would need another year of qualifying work abroad.[13,17]

High confidence The job abroad has to meet the same managerial or executive definitions as the U.S. job. USCIS looks at the actual duties, the foreign organization's structure and who did the day-to-day work there.[11,18,23]

Interpretation Evidence usually comes from employer letters with dates, title and a specific description of duties, plus the foreign organizational chart and payroll records. The work history has to match what the manager listed on earlier visa applications and biographic forms; unexplained differences have sunk petitions on appeal.[4,24,25]

The U.S. employer

What the U.S. company itself has to show.

The petitioner must be a U.S. employer: a U.S. citizen or a U.S. corporation, partnership or other legal entity. A foreign company's U.S. branch that isn't a separate U.S. legal entity can't file an EB-1C petition, even though a branch can file for L-1.[13]

'Doing business' means the regular, systematic and continuous provision of goods or services, not just having an agent or an office. The U.S. company must have done this for at least one year when the petition is filed; being incorporated for a year is not enough.[4,13]

Sales or services to related companies in the same group can count as doing business; the customers don't have to be outside parties.[13,26]

The U.S. business has to operate at a level that needs a person who mainly manages or directs. USCIS weighs the nature of the business, its size, its structure and what it sells or provides.[13]

The employer must show it can pay the offered salary from the priority date on, with annual reports, federal tax returns or audited financial statements. An employer with 100 or more workers may instead submit a statement from its financial officer.[4,20]

USCIS generally doesn't count a parent company's money toward the U.S. employer's ability to pay, because the parent has no legal obligation to pay the wage. A parent's financial statements carry more weight when they show the subsidiary's figures separately.[20]

Qualifying relationship

How the U.S. and foreign companies must be connected, and for how long.

The foreign employer and the U.S. employer must be the same company, or related as parent and subsidiary, or as affiliates. USCIS decides this by looking at ownership and control.[4,13]

How the rules define the relationships

  • Subsidiary: the parent owns, directly or indirectly, more than half and controls it; half and controls it; 50 percent of a 50-50 joint venture with equal control and veto power; or less than half but in fact controls it.[4]
  • Affiliate: one of two subsidiaries owned and controlled by the same parent or individual, or one of two entities owned and controlled by the same group of individuals, each owning and controlling about the same share of each.[4]
  • Ownership means the legal right to possess an entity's assets with full power to control it; control means the legal right and authority to direct its establishment, management and operations.[13]

If control rests on proxy votes, the proxies must be irrevocable from filing through the decision, and the relationship must be shown to continue until the manager becomes a permanent resident.[13]

The relationship must exist when the petition is filed and be kept until it is decided. If the foreign employer was merged or restructured before filing, the employer can show it continues through a valid successor entity.[27]

The U.S. employer and at least one qualifying company abroad must keep doing business until the immigrant visa is issued or status is adjusted. If all qualifying operations abroad stop, for example because the group moves entirely to the U.S., the manager no longer qualifies.[13]

Interpretation Ownership is usually documented with stock certificates and share ledgers, articles and operating agreements, and ownership disclosures on tax returns. In AAO appeals, an incomplete or unsigned stock certificate, or tax-return ownership answers that contradict the claimed structure, have been reasons the relationship was not established.[25,28]

Manager vs. executive

USCIS tests the job against legal definitions, not the title.

Manager (managerial capacity)

  • Personnel manager: primarily manages the organization or a department, subdivision, function or component, and supervises and controls the work of other supervisory, professional or managerial employees.[4,18]
  • Has authority to hire and fire, or to recommend those and other personnel actions such as promotion and leave, for the people directly supervised.[18]
  • Exercises discretion over the day-to-day operations of the activity or function managed.[18]
  • A first-line supervisor doesn't qualify just by supervising, unless the people supervised are professionals.[4,18]
  • Function manager: manages an essential function instead of people. Under Matter of G-, the function must be clearly defined and core to the organization, and the person must primarily manage rather than perform it, act at a senior level and have discretion over its day-to-day operations.[13,19]

Executive (executive capacity)

  • Primarily directs the management of the organization or a major component or function.[4,18]
  • Establishes the goals and policies of the organization, component or function.[18]
  • Exercises wide latitude in discretionary decision-making.[18]
  • Receives only general supervision or direction from higher-level executives, the board of directors or stockholders.[18]
  • A title isn't enough. There must be enough staff, including contractors, to handle day-to-day operations so the person can primarily act as an executive.[13]

When USCIS uses staffing as a factor, it must consider the reasonable needs of the organization in light of its overall purpose and stage of development. Headcount alone doesn't make someone a manager or executive; USCIS looks at the person's role and function.[4,13,18]

USCIS can count people across the wider company group, such as staff abroad who support the U.S. role, when judging reasonable needs and whether someone is relieved of day-to-day work.[19,29]

Job descriptions need specifics and the share of time spent on each duty. Repeating or paraphrasing the statute doesn't meet the burden of proof, and inflated titles or artificial layers of subordinates don't help.[13,19]

A one-person U.S. office isn't automatically disqualified, but USCIS says it can be very difficult to show that a sole employee mainly manages rather than does the day-to-day work.[13]

Documents

General evidence categories USCIS asks for. This is not a checklist for any specific case.

Evidence categories

  • A statement from an authorized official of the U.S. employer showing the year of managerial or executive work abroad, the corporate relationship, and at least one year of doing business in the U.S.[4,9]
  • A job offer statement that clearly describes the U.S. duties. USCIS's filing tips ask the cover letter to name the foreign employer, both positions and their duties, years with each employer, the transfer date and the relationship between the companies.[3,4]
  • Proof of the corporate relationship and that the U.S. company has been doing business for at least one year before the filing date.[3,30]
  • Ability-to-pay evidence for each available year from the priority date: annual reports, federal tax returns or audited financial statements, or a financial officer's statement if the employer has 100 or more workers.[4,20]
  • Letters from current or former employers about the work experience, giving the writer's name, address and title and a specific description of the duties.[4]
  • A full English translation, with the translator's certification of accuracy and competence, for every foreign-language document.[9,21]
  • Information about the spouse and children in Part 7 of Form I-140, which USCIS uses for visa processing.[9]

Legible photocopies are generally acceptable, but USCIS can ask for an original at any time.[4,9]

USCIS recommends grouping evidence by requirement, with a cover sheet for each group. When answering an RFE, you can point to evidence already in the record instead of sending it again.[3]

Fees

Current USCIS fees on the date shown. Fees change; check Form G-1055 before paying.

EB-1C fees (Form G-1055, edition 10/07/26)
FeeAmountNotes
Form I-140 filing fee$715 by mail; $665 onlineOnline filing is only for a standalone I-140, not one filed with Form I-907 or I-485
Asylum Program Fee: regular petitioner$600Paid with the I-140
Asylum Program Fee: small employer$30025 or fewer full-time equivalent employees in the U.S., counting affiliates and subsidiaries
Asylum Program Fee: nonprofit$0Qualifying nonprofit educational institutions, 501(c)(3) organizations and governmental research organizations
Form I-907 premium processing (EB-1C)$2,965Since March 1, 2026 (was $2,805); paid separately from the I-140 fee; can't be waived
Form I-290B appeal or motion$800Only if you challenge a denial
Checked Oct 12, 2026[1,2,6,7,8,9]

Every filing must include the correct fee or USCIS rejects it. Fees are adjusted over time, so check Form G-1055 or the USCIS fee calculator before paying.[7,32]

For mailed filings, USCIS takes payment by credit, debit or prepaid card (Form G-1450) or by bank transfer (Form G-1650); paying another way requires qualifying for an exemption and filing Form G-1651.[7]

Pay the I-907 fee separately from the I-140 fee; a single combined payment gets the whole package rejected. Premium processing fees can't be waived.[2,3,6]

The premium processing fee rose from $2,805 to $2,965 on March 1, 2026, under a rule that allows an inflation adjustment every two years.[6,8]

Premium processing

What the 45-business-day clock does, and what it doesn't.

With premium processing, USCIS must act on an EB-1C I-140 within 45 business days. All pending and new EB-1C petitions have been eligible since January 30, 2023.[2,6]

A business day is a day the federal government is open. Weekends, federal holidays and days federal offices are closed for weather or other reasons don't count, including closures only in the region where the case is decided.[6,33]

USCIS's page says the clock starts when it receives a properly completed Form I-907 with the fee at the correct address. For EB-1C, the regulation is stricter: the 45 business days start only on the date USCIS has received the form, the fee and all prerequisites for adjudication. USCIS doesn't list what those prerequisites are for an I-140.[2,6,12]

High confidence USCIS doesn't publish whether the receipt day counts as day 0 or day 1, and it doesn't show a running count. The calculator below shows both readings; treat any end date as an estimate.[2,6]

Within the timeframe, USCIS must issue an approval, a denial, an RFE or a NOID. An RFE counts, so premium processing can end with a request for more evidence instead of a decision.[6,12]

High confidence Premium processing sets a deadline for USCIS to act. The eligibility rules and the standard of proof stay the same.[6,16]

An RFE or NOID stops the clock. A new, full 45-business-day period starts on the day USCIS receives the response; the clock doesn't resume where it stopped.[2,6,12]

If USCIS doesn't take one of those actions in time, it refunds the premium processing fee and keeps processing the case. The exception: if USCIS opens an investigation for fraud or misrepresentation, it may keep the fee and not act within the timeframe, without notifying you.[2,6]

USCIS can suspend premium processing for a category if circumstances prevent it from meeting the timeframe for a significant number of cases; it announces availability on its website.[6]

How to request it

  1. With a new petition: if you file by mail, send Form I-907 together with the I-140 to the I-140 filing address and pay each fee separately. USCIS pages have given conflicting instructions about filing Forms I-140, I-907 and I-485 together online. Check the current form instructions and the Forms Available to File Online page before choosing how to file.[1,3,34,35]
  2. Upgrading a pending I-140: since October 7, 2026, a standalone Form I-907 sent by mail goes to the USCIS lockbox that the Direct Filing Addresses for Form I-140 page lists for the state where the beneficiary will work, with a copy of the I-797 receipt notice. USCIS accepts one sent to the previous location if it is postmarked on or before November 9, 2026. If the I-140 receipt number starts with IOE, you can instead upload a standalone I-907 in the online account.[1,2,34,36]
  3. Timing: an upgrade is allowed any time before USCIS makes a final decision, including while an RFE is outstanding. It isn't available for a case reopened after a decision.[12]
  4. Who can file: the U.S. employer, or its attorney or accredited representative with Form G-28. The employee can't sign or file Form I-907, though the employee may pay the fee.[2,12]
  5. Check the address on the day you mail it, because USCIS's own pages currently disagree. The Direct Filing Addresses for Form I-140 page, updated October 7, 2026, sends a standalone I-907 to a lockbox. The premium processing page, last updated March 23, 2026, still says to file it with the service center where the I-140 is pending and that one filed at a lockbox is rejected. Form I-907's own page sends I-140 filers to the Form I-140 page, which links to the address page.[1,2,34,36]

Timeframe: 45 business days

Enter a date to calculate.

Processing timeline

Typical stages from filing to the next step. Each case moves at its own pace.

  1. Filing

    The U.S. employer files Form I-140, with Form I-907 if it wants premium processing. The priority date is the day the complete, signed petition with the correct fee is properly filed.[1,4]

  2. Receipt notice

    USCIS confirms receipt with a Form I-797C notice. The 13-character receipt number, three letters followed by ten digits, is how you check the case status online.[37,38]

  3. Review

    An officer reviews the record and may approve, deny, send an RFE or send a NOID. USCIS may also verify the information, including by visiting work locations, before or after the decision.[9,21]

  4. RFE or NOID (if any)

    An RFE gives at most 12 weeks to respond and a NOID at most 30 days, plus 3 days when the notice is mailed; no extensions are allowed. With premium processing, a new 45-business-day period starts when USCIS receives the response.[6,16,21,39]

  5. Decision

    USCIS notifies the employer in writing. An approval confirms the classification; a denial explains the specific reasons and whether an appeal or motion is available.[9,14,40,41]

  6. Next step

    When a visa number is available, the manager and family apply for green cards by adjusting status in the U.S. with Form I-485, or through the National Visa Center and a U.S. consulate abroad.[14,15]

USCIS published processing time

Official

Median from USCIS's quarterly report

  • I-140 · FY2026 Q3 · all offices3.9 months

    All I-140 categories combined; the report does not split I-140 by category.

Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.

For the current figure for your form and office, check USCIS directly: USCIS processing times

Official

Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026

Dependents

Your spouse and unmarried children under 21 can immigrate with you.

Under INA 203(d), a spouse or child gets the same immigrant status and order of consideration as the principal when accompanying or following to join. For EB-1C, the codes are E14 for a spouse and E15 for a child.[5,11]

A 'child' for immigration purposes is unmarried and under 21. The Child Status Protection Act (CSPA) can let a child count as under 21 past the 21st birthday using a calculated 'CSPA age', but the child must stay unmarried.[18,42]

Family members in the U.S. file their own Form I-485, together with or after the principal's I-485, and need a visa to be available both when they file and when USCIS decides.[15]

Family members abroad apply for immigrant visas through consular processing and should tell the National Visa Center about changes such as marriage or turning 21.[14]

The I-140 asks about the spouse and children in Part 7. Marking whether each plans to adjust status or apply abroad isn't binding, but it should reflect the plan at filing.[9]

Adjustment of status

Filing Form I-485 in the U.S., including at the same time as the I-140.

If a visa is immediately available, the manager can file Form I-485 together with the I-140, while the I-140 is pending, or after it is approved.[15,43]

Whether a visa is 'immediately available' depends on the monthly Visa Bulletin and on which chart USCIS designates that month: Final Action Dates or Dates for Filing. EB-1C uses the EB-1 row for the manager's country of chargeability.[10,44]

A 'C' means current, so you can file regardless of priority date; a date means your priority date must be earlier than it; a 'U' means no visas are available for now.[10]

Other conditions include having been inspected and admitted or paroled, being physically present in the U.S. when filing, the job offer still existing, being admissible, and meriting USCIS's discretion.[15]

Form I-693, the medical exam report, must be filed with the I-485. Since September 18, 2026, USCIS accepts only the 09/18/26 edition of Form I-485, which was revised for the new public charge rule.[45]

Form I-765 (work permit) and Form I-131 (advance parole travel document) can be filed with the I-485; for an I-485 filed after April 1, 2024, each has its own fee.[45]

Premium processing speeds up only the I-140. Form I-485 isn't on the premium list, and USCIS currently offers premium processing for Form I-765 only in certain F-1 student (OPT) categories, not for an I-765 filed with an I-485.[2,6,12]

If USCIS denies the I-140 because the manager isn't eligible for the category, it also denies the I-485, I-765 and I-131 filed with it.[3]

Once an I-485 has been pending 180 days or more, INA 204(j) lets the manager move to a new job in the same or a similar occupational classification using Form I-485 Supplement J, as long as the I-140 is approved or was approvable when filed.[3,46]

Visa Bulletin · EB-1 · Oct 2026

Official
ChargeabilityFinal action datevs. last monthDate for filing
All countries (incl. Taiwan)——Current
China (mainland-born)——Jul 1, 2024
India——Jul 1, 2024
Mexico——Current
Philippines——Current

USCIS accepts the Date for filing chart for employment-based I-485 filing in Oct 2026.

EB-1 · Cutoff date over time (Final action date)
All countries (incl. Taiwan)China (mainland-born)India
Current2017-012018-082020-042021-112023-0723/1024/0324/0825/0125/0625/1126/0426/09
Official

Source: USCIS — When to File Your Adjustment of Status Application: October 2026 (USCIS's copy of the Visa Bulletin chart it designated) · Retrieved Oct 12, 2026

Consular processing

Getting the green card through a U.S. consulate abroad.

After approval, if the manager lives abroad or chooses to apply abroad, USCIS sends the approved petition to the Department of State's National Visa Center (NVC), where it stays until a visa number is available.[14]

The NVC collects fees and documents and notifies the employer and the manager when a visa number is about to become available. The immigrant visa application itself is Form DS-260.[14,47]

When the priority date is current, the consulate schedules an interview and decides whether to issue the immigrant visa.[14]

After receiving the visa, pay the USCIS Immigrant Fee and hand the sealed visa packet to U.S. Customs and Border Protection at entry; the green card is mailed after admission as a permanent resident.[14]

Concurrent filing isn't possible in consular cases, because the petition is with USCIS and the visa application is with the Department of State.[43]

A consular officer's refusal of an immigrant visa can't be appealed on Form I-290B.[48]

Common mistakes

Problems that recur in USCIS guidance and AAO decisions, so you can check for them early.

Problems to check for

  • High confidence Vague job descriptions that repeat the statute. USCIS looks for specific duties and the percentage of time spent on each.[13,19,49]
  • High confidence Organizational charts that don't match payroll, tax forms or titles, or that show a structure created after filing. Eligibility is judged on the facts at filing.[13,49,50]
  • Filing before the U.S. company has a full year of doing business. Incorporation alone doesn't count, and there is no new-office EB-1C.[4,13]
  • Treating an L-1A approval as proof of EB-1C eligibility. USCIS may consider it, but each petition is decided on its own merits.[13]
  • A break of more than two years from the company group after coming to the U.S.[17]
  • Interpretation Ownership records that don't line up, such as an incomplete stock certificate or tax-return ownership answers that contradict the claimed structure.[25,28]
  • High confidence Relying on the parent company's funds, a business plan or bank statements alone to show ability to pay. The regulation calls for the employer's own annual reports, federal tax returns or audited financial statements.[4,20,51]
  • Foreign-language documents without a translator's certification.[21,25]
  • Sending only part of what an RFE asks for. A partial response is treated as a request for a decision on the record as it stands.[16,21]
  • Missing a deadline by a day. An appeal or motion must be received on time, and a late motion to reconsider can't be excused.[48,52,53]
  • Letting the foreign company close before the green card is issued. At least one qualifying company abroad must keep doing business until then.[13]

Common RFE reasons

What RFEs on EB-1C petitions tend to focus on. Open a topic for the legal standard and the evidence often used.

An RFE asks for evidence the officer needs to decide whether the employer has met its burden of proof. It must identify the requirement not yet shown and explain why the evidence falls short.[16,21]

Interpretation On EB-1C petitions, RFEs and denials commonly center on whether the U.S. and foreign jobs are truly managerial or executive, whether the staff supports that role, the corporate relationship, a full year of doing business, and ability to pay.[13,28,49,51]

High confidence An RFE is not a denial, and it doesn't signal approval either. The outcome depends on the full record after the response.[16,21]

Managerial or executive capacity

  • Executive capacityWhether the U.S. or foreign role primarily directs the organization rather than doing its day-to-day work.
  • Managerial capacityWhether the role primarily manages a department, function or component and supervises managers or professionals.
  • Function managerWhether the person manages an essential function at a senior level instead of performing it.

Staffing and organization

  • Staffing and structureWhether the company's staff and structure can support a role that is mainly managerial or executive.
  • Subordinate dutiesWhether the people below the manager really do the work that frees them to manage.
  • Professional employeesWhether the subordinates a manager supervises count as 'professionals' under the rules.
  • Doing businessWhether the U.S. company had at least one year of regular, continuous business before filing.

Money

  • Ability to payWhether the U.S. employer can pay the offered salary from the priority date until the green card.

Company relationship

  • Qualifying relationshipWhether the U.S. employer and the foreign employer are the same company or a parent, subsidiary or affiliate.
  • Ownership and controlWho legally owns and controls each company, and whether the documents prove it.

Work abroad

  • One year of foreign employmentWhether the person worked at least one year abroad for a related company in a managerial or executive role within the required window.
  • Foreign entity operationsWhether the foreign company is real, operating and structured to support the role abroad, and keeps doing business.

Specific evidence

  • Tax returnsHow USCIS reads the employer's tax returns for ability to pay, staffing and ownership.
  • Payroll evidencePayroll records that show who worked for the company and what the beneficiary was paid.
  • Organizational chartWhether the chart accurately shows the structure at filing and matches the rest of the record.

After filing

What can happen between filing and a decision.

  1. Receipt

    High confidence USCIS sends Form I-797C. Case Status Online shows the last action taken on the case, not its place in line.[37,38]

  2. Premium clock (if requested)

    USCIS has 45 business days to issue an approval, a denial, an RFE or a NOID.[6]

  3. Verification

    USCIS may verify information at any time, including through unannounced site visits. If adverse information comes up that you don't know about, USCIS must generally tell you and give you a chance to respond before deciding.[9,21]

  4. Interview or biometrics (only if notified)

    The I-140 instructions say USCIS may require an interview or biometrics at any time and will mail an appointment notice if it does.[9]

  5. Notices

    USCIS sends notices to the employer and to its attorney if one is on file. A beneficiary who isn't a U.S. citizen must report a change of address within 10 days.[9,21,54]

  6. Decision or RFE

    USCIS communicates the result in writing. An approval notice confirms the classification; it doesn't by itself grant permanent residence or work authorization.[9]

After an RFE response

What happens once USCIS has your response, and what each next step means.

  1. Response received

    A mailed response counts when USCIS receives it; an online response counts on the day it is submitted. With premium processing, a new 45-business-day period starts that day.[6,16]

  2. Full review

    The officer weighs the whole record, including the new evidence, and decides whether each requirement is more likely true than not.[16,22]

  3. Next action

    The possible results are an approval; another RFE or a NOID, if the response raises new questions; or a denial, if the record still doesn't establish eligibility.[16,21]

  4. If denied

    The denial explains the reasons. The employer can file Form I-290B for an appeal or a motion, generally within 30 days (33 if the decision was mailed), or file a new I-140.[40,48,52]

USCIS can deny after an RFE response without first sending a NOID. The regulation lets it deny, ask for more evidence or issue a NOID, and USCIS policy says a NOID generally isn't required.[16,21,31]

The Policy Manual lists only a few situations where a NOID is mandatory, such as certain adoption cases, and I-140 petitions aren't among them. Separately, if a denial would rest on derogatory information you don't know about, USCIS must tell you and let you rebut it first; a NOID is one way it does that.[16,21]

A second RFE is possible. USCIS policy tells officers to issue a follow-up RFE or NOID when a response raises new questions, while trying to request everything in one RFE; it won't send another RFE just because a response was incomplete.[16]

High confidence No news doesn't tell you anything reliable. Case Status Online shows the most recent action, USCIS doesn't publish where a case sits in line, and some work, such as a site visit or an investigation, can happen without notice to you. The result arrives as a written notice.[6,9,21,38]

An appeal goes to the AAO, but the office that denied the case reviews it first and may treat it as a motion and approve within 45 days. An appeal that doesn't identify a specific error of law or fact is summarily dismissed.[40]

A motion to reopen must state new facts supported by evidence. A motion to reconsider must show the decision misapplied law or USCIS policy based on the record at the time. Filing a motion doesn't pause the effect of the decision.[52]

A late appeal is rejected unless it meets the requirements of a motion. A late motion to reconsider can't be excused, and a late motion to reopen may be excused only if the delay was reasonable and beyond the employer's control. When the last day falls on a weekend or federal holiday, the deadline moves to the next business day.[40,48,52,55]

High confidence Nothing in the regulations stops the employer from filing a new I-140 with a new fee and stronger evidence. A denied petition doesn't establish a priority date, so a new petition gets its own.[4,21]

Only the petitioner can appeal or file a motion on an I-140 denial. The employee generally can't, except in certain revocation cases after job portability.[3,40,48]

Latest statistics

Official USCIS figures for Form I-140, classification E13.

USCIS publishes quarterly I-140 data by fiscal year, quarter and case status, and by preference category and country. The figures below come from those files.[56]

Official USCIS statistics

Official

Decision approval rate · FY2026 Q3

97.4%

Approved 3,658 · Denied 96

▼ 0.2 pts vs. same period a year earlier (FY2025 Q3: 97.6%)

EB-1C · Decision approval rate
0%25%50%75%100%2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q397.4%
EB-1C · Approved / Denied
ApprovedDenied
02.5k5k2022 Q42023 Q32024 Q22025 Q12025 Q42026 Q3

Approved ÷ (approved + denied) in the same period. Pending cases are not counted. Decisions in a quarter can come from petitions filed earlier, so this is the share of decisions that were approvals — not the chance that a petition filed today will be approved.

Official

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Published Dec 16, 2022 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Published Jan 11, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Published Dec 16, 2024 · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2025, Quarter 4) · Published Mar 24, 2026 · Retrieved Sep 27, 2026

Interpretation These counts describe past decisions across all EB-1C petitions. They don't predict how any single petition will be decided, because each is judged on its own record.[16,56]

Historical statistics

How EB-1C decisions have moved over time.

EB-1C by fiscal year (official)

Official
PeriodReceivedApprovedDeniedDecision approval rate
FY202516,13410,94032997.1%
FY202415,55714,50457296.2%
FY202315,84816,0731,03494.0%
FY202211,1738,35111298.7%
FY2021—6,688——
FY2020—12,554——
FY2019—13,535——
FY2018—16,202——
FY2017—11,580——
Official

Source: Form I-140 Approvals by Preference and Country (Fiscal Year 2022, Quarters 1 and 2) · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2022, 4th Quarter, Jul. 1 - Sep. 30, 2022) · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2023, Quarter 4) · Retrieved Sep 27, 2026

Source: Form I-140 by Fiscal Year, Quarter and Case Status (Fiscal Year 2024, Quarter 4) · Retrieved Sep 27, 2026

USCIS reports by federal fiscal year, which starts on October 1, the day a new year's supply of visa numbers also becomes available.[10,56]

Current processing time

USCIS's published figure for this form and classification.

USCIS published processing time

Official

Median from USCIS's quarterly report

  • I-140 · FY2026 Q3 · all offices3.9 months

    All I-140 categories combined; the report does not split I-140 by category.

Half of the cases USCIS completed in that quarter took this long or less, from receipt to decision. Half took longer. The report does not say whether premium-processing cases are included. It is a different measure from the processing-times tool, so the two are not compared.

For the current figure for your form and office, check USCIS directly: USCIS processing times

Official

Source: All USCIS Application and Petition Form Types (Fiscal Year 2026, Quarter 3) · Retrieved Sep 27, 2026

High confidence The figure above is USCIS's published processing time for Form I-140, classification E13. A petition with premium processing instead runs on the 45-business-day timeframe in the regulation.[2,6]

Recent public cases

Timelines shared publicly or reported to WELIVEINUSA. They are not official data and don't predict any individual outcome.

Recent AAO decisions

Appeals and motions decided by the AAO for multinational manager and executive petitions.

AAO decisions only cover petitions that USCIS denied or revoked and the employer chose to appeal or bring back on motion. They show how the law is applied to contested cases, not how often EB-1C petitions are approved. Most are non-precedent and bind only the parties; adopted and precedent decisions guide USCIS officers.[40,41,57]

Recent AAO decisions

Official

AAO decisions only include cases that were denied and then appealed. They show why some petitions fail — they are not an approval rate.

Denial grounds in 213 AAO decisions · 2023–2026
  • One year of foreign employment61%
  • Executive capacity54%
  • Managerial capacity44%
  • Qualifying relationship40%
  • Subordinate duties33%
  • Staffing and structure29%
  • Ability to pay28%
  • Organizational chart28%

Share of AAO decisions in this sample that discuss each issue — not a share of all petitions.

What the AAO did (this sample of 213, Jan 5, 2023 – Aug 7, 2026): Appeal dismissed 60% · Appeal sustained 11% · Remanded 29%“Remanded” means sent back to the service center for a new decision — not an approval.

  • Aug 7, 2026Appeal dismissed · Executive capacity, Staffing and structure, Ability to pay
  • Jul 27, 2026Appeal dismissed
  • Jul 8, 2026Appeal dismissed · Ability to pay, Qualifying relationship, Doing business
  • Jun 29, 2026Remanded · Executive capacity, Managerial capacity, Qualifying relationship
  • Jun 26, 2026Remanded · Executive capacity, Managerial capacity, Staffing and structure
  • Jun 24, 2026Remanded · Managerial capacity
Official

Source: USCIS AAO non-precedent decisions · Retrieved Sep 27, 2026

Recent policy changes

Rules and guidance that changed recently, followed by the live policy feed.

Verified changes that affect EB-1C filers

  • March 1, 2026: the premium processing fee for Form I-140 rose to $2,965.[6,8]
  • August 5, 2026: USCIS restored officers' discretion to deny without an RFE or NOID when required initial evidence is missing, and stopped adding extra mailing time for notices sent abroad.[31]
  • September 18, 2026: a new edition of Form I-485, revised for the public charge final rule, became mandatory.[45]
  • October 7, 2026: USCIS changed the mailing addresses for Form I-485, for Form I-290B, and for a Form I-907 sent to upgrade a pending I-140. Filings sent to a previous address are accepted if postmarked on or before November 9, 2026.[36,45,48]

Recent policy changes

Official

Updates

Ask WELIVEINUSA Visa

Ask a question about EB-1C; answers come from the sourced content on this page.

Ask WELIVEINUSA Visa

Answers come from our sourced database and your own timeline, sorted into fact, public data, inference and unknown. No AI model is used in this version, so questions outside what we cover get an honest "not covered".

Questions people ask

What business day am I on?

High confidence Count the business days, meaning days federal offices are open, from the date USCIS had your Form I-907, the fee and all prerequisites for adjudication, or from the date it received your RFE response if there was one. Weekends, federal holidays and closure days don't count. USCIS doesn't publish whether the receipt day is day 0 or day 1, so the calculator on this page shows both.[2,6,33]

When does the 45-business-day clock end, and how is it counted?

For EB-1C it ends 45 business days after the date USCIS has received the I-907, the fee and all prerequisites for adjudication, counting only days the federal government is open. If USCIS sends an RFE or a Notice of Intent to Deny (NOID), the clock stops, and a new 45-business-day period starts on the day it receives your response.[2,6,12]

What happens if USCIS misses the premium processing deadline?

USCIS refunds the premium processing fee and keeps processing the case; a missed deadline is not an approval. The exception is when USCIS opens a fraud or misrepresentation investigation, in which case it may keep the fee without telling you.[2,6]

How often is EB-1C approved?

High confidence Use the official statistics on this page, which come from USCIS's quarterly I-140 data for classification E13. We don't quote a rate in text because it changes every quarter, and a group rate says nothing about how a single petition will be decided.[16,56]

What are the most common reasons EB-1C petitions are denied?

Interpretation In USCIS guidance and AAO decisions, the recurring issues are whether the U.S. or foreign job is truly managerial or executive, whether there is enough staff to support that role, the corporate relationship, a full year of doing business before filing, one year of qualifying work abroad, and ability to pay. Vague job descriptions and inconsistent records often sit underneath these findings.[13,24,28,49,51]

What is the difference between an RFE and a NOID?

A Request for Evidence (RFE) asks for more evidence and gives at most 12 weeks to respond. A Notice of Intent to Deny (NOID) says USCIS plans to deny, explains why, and gives at most 30 days. Both add 3 days if mailed, and neither can be extended.[16,21,39]

Can USCIS deny my petition directly after my RFE response?

Yes. After an RFE response, USCIS may approve, deny, ask for more evidence or issue a NOID, and USCIS policy doesn't require a NOID before denying an I-140. The exception is a denial based on derogatory information you weren't aware of, which USCIS must disclose first so you can respond.[16,21]

How common is a second RFE?

High confidence Public data can't answer this: USCIS's quarterly I-140 files report receipts and case status, and its published RFE data covers nonimmigrant worker petitions, not I-140s. USCIS policy allows a follow-up RFE or NOID when a response raises new questions, and AAO decisions show it does happen, but there is no official rate.[16,24,56]

Is 'no news' after my RFE response good or bad?

High confidence Neither; silence can't be read reliably. Case Status Online shows the most recent action, USCIS doesn't publish where a case sits in line, and some steps, such as a site visit or an investigation, can happen without notice to you. With premium processing, USCIS has 45 business days from receiving the response to act, and the result comes as a written notice.[6,9,38]

Can I add premium processing after an RFE, or send it with my RFE response?

High confidence Yes: the employer can file Form I-907 for a pending I-140 any time before a final decision, including while an RFE is open. For EB-1C, the clock starts once USCIS has the I-907, the fee and all prerequisites for adjudication, and after an RFE a new clock starts when the response arrives. USCIS doesn't publish a separate rule for an I-907 sent while a response is still due, so confirm packaging and the filing address with your attorney.[2,6,12,36]

What does 'Case Was Updated To Show Fingerprints Were Taken' mean for an I-140?

Interpretation USCIS hasn't published an explanation of this message for I-140 petitions, so we can't tell you what it means for your case. The I-140 instructions say that if USCIS needs biometrics it mails an appointment notice; without one, don't read the message as a sign of approval, denial or timing.[9,38]

What does 'Case Is Being Actively Reviewed' mean for an I-140?

Interpretation USCIS doesn't publish a definition of this status. Case Status Online shows the last action taken on a case, so the message only says some action was recorded; it doesn't say an officer has decided anything, that an RFE is coming, or how soon a decision will arrive.[9,38]

What is an officer or desk code like XM2254, and what can it tell me?

Interpretation Some USCIS notices carry a short code that applicants call an officer or desk code. We have not verified an official explanation of these codes, or official evidence linking a code to approval or denial rates. Each petition is decided on its own record, so a code can't predict your outcome.[13,16]

Can I file my I-485 at the same time as the I-140?

Yes, if you are in the U.S. and a visa is immediately available: your priority date must be earlier than the EB-1 date for your country on the chart USCIS designates that month, or the category must be current. If not, you file the I-485 later, once your date is reached.[10,43,44]

What if the U.S. company is less than one year old?

EB-1C isn't available yet. The U.S. employer must have been doing business, meaning regularly and continuously providing goods or services, for at least one year when it files, and there is no new-office option. A new U.S. office is an L-1A situation; the EB-1C can be filed once the business has a full year of operations and meets the other requirements.[4,13,58]

Is EB-1C possible after an L-1A new office?

High confidence Yes, if the requirements are met when the I-140 is filed. The U.S. company needs a full year of doing business and enough staff to support a truly managerial or executive role, the year abroad must fall within the three years before the L-1 entry, and the company must show ability to pay. USCIS may consider the L-1A approval but isn't bound by it.[4,13,58]

How long do I have to answer an RFE, and can I get more time?

The RFE states the deadline, which can be at most 12 weeks, plus 3 days if it was mailed. Since August 5, 2026, officers may set a shorter period, and notices mailed abroad no longer get extra mailing time. Extensions aren't allowed, so plan to send a complete response well before the date.[16,21,31,39]

If the petition is denied, what are the options and deadlines?

The employer can appeal to the AAO or file a motion to reopen or reconsider on Form I-290B ($800), generally within 30 days of the decision, or 33 days if it was mailed; the date of service is the mailing date. It can also file a new I-140. A late motion to reconsider can't be excused.[7,40,48,52]

Does premium processing make approval more likely?

High confidence No. Premium processing only sets a deadline for USCIS to act, and that action can be an approval, a denial, an RFE or a NOID. The same eligibility rules and standard of proof apply.[6,16]

Related categories

Content last reviewed: Sep 27, 2026 · General information, not legal advice.

Sources

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