Approved after a three-part RFE
Evidence rebuilt to the EB-1C standard
EB-1C Multinational Executive
Background
Mr. W had been running a company in the U.S. on an L-1A. Once the company was on solid footing, he applied for an EB-1C multinational executive green card.
Challenges
- As an immigrant category, EB-1C is held to a higher standard than nonimmigrant categories like L-1A. Even for the same company and the same executive, evidence that was accepted at the L-1A extension stage may not meet EB-1C's final determination that the executive role already exists now. This comes from the different nature of the two reviews.
- The "ability to pay" evidence had to cover the period after the priority date. The priority date was February 2026, when the company's current-year financials did not yet exist, and earlier tax returns naturally could not cover the time after the priority date. USCIS routinely issued an RFE asking for the latest financial evidence.
Strategy
- We rebuilt and strengthened every piece of evidence to the EB-1C final-determination standard instead of simply reusing the reasoning from the L-1A materials.
- We rewrote the detailed duties of the U.S. CEO role, listing specific tasks and time allocation and highlighting decision-making and supervisory authority.
- We added employment verification from the overseas employer, with exact start and end dates and details of the managerial or executive duties, connecting logically to the U.S. role.
- We promptly added the latest financials covering the period after the priority date, showing the company can keep paying the offered wage.
- We organized the evidence list and certified translations so the response was clearly structured and internally consistent, and submitted it all at once within the deadline.
Case Timeline
| Date | Milestone |
|---|---|
| February 12, 2026 | I-140 filed (premium processing) |
| April 13, 2026 | RFE received on the U.S. position, overseas experience, and ability to pay |
| June 10, 2026 | RFE response filed |
| August 13, 2026 | Approved |
Closing Note
L-1A and EB-1C both look at executive roles, but the standards are different: even for the same company and executive, EB-1C requires a fresh, complete argument for the executive role and the ability to pay. Mr. W's case shows that when the evidence tracks the standard of the immigrant category, approval can follow.
Outcome
EB-1C (I-140) approved after a single response to the three RFE issues: the U.S. position, overseas experience, and ability to pay.