Shared eligibility framework
Both L-1A and EB-1C require: (1) a qualifying relationship between the U.S. employer and the foreign employer (parent, branch, subsidiary, or affiliate); (2) at least one continuous year of full-time employment with the foreign entity in an executive or managerial capacity within the three years preceding U.S. employment; and (3) the U.S. role must also be in an executive or managerial capacity.
EB-1C additionally requires that the U.S. employer has been doing business for at least one year before the I-140 is filed.
L-1A as a bridge to EB-1C
L-1A holders are well-positioned for EB-1C because their U.S. role and the qualifying relationship have already been established for L-1A purposes. The same evidence that supported the L-1A petition typically supports EB-1C, augmented with documentation of the U.S. operation's growth and managerial structure.
L-1A holders can stay in the U.S. for up to seven years (the L-1A cap). EB-1C should be filed in time to permit I-140 adjudication and I-485 filing before the L-1A cap is reached.
Functional managers and executive capacity
EB-1C and L-1A both recognize 'functional managers' — petitioners who manage an essential function rather than supervising a team. Functional-manager petitions require detailed evidence about the function, its essentiality to the organization, and the petitioner's authority to set policy and operate the function with discretion.