In EB-1C, can I open a branch in the USA to transfer myself?

The EB-1C visa was created to facilitate the transfer of executives and managers of multinational companies to their operations in the United States. Its purpose is to allow a well-structured foreign company to expand or maintain its activities in the country through the allocation of professionals who already held prominent positions outside the US.

Regarding the opening of a branch, this strategy can be considered as long as the new unit is established in a way that maintains a qualified corporate relationship with the parent company or the foreign subsidiary. In other words, if you intend to open a branch in the United States and subsequently transfer as an executive or manager, this branch must be part of the corporate structure of the company already operating internationally and meet the requirements set by the EB-1C program.

Furthermore, it is important to note that, to qualify under the EB-1C category, you will need to prove that you held managerial or executive functions outside the US for at least one year within the last three years, playing a central role in the development or leadership of the company. The branch or new operation in the United States must be prepared to assume you in a similar and relevant position, showing clear evidence of control relationship and business continuity between the entities.

It is worth emphasizing the importance of strictly following United States immigration laws and seeking specialized guidance before making any decisions. Relying on renowned professionals or firms in the area can help avoid traps, scams, and unfounded promises that sometimes circulate in marketing campaigns.

Each case has its particularities, so it is essential to analyze the business structure and specific conditions to understand if this strategy suits your profile and situation. In summary, opening a branch can be a viable alternative within the EB-1C context, provided all criteria are met and the corporate structure is robustly demonstrated. Remember that careful planning, combined with professional support, is the best way to navigate the complex world of immigration visas without unnecessary risks.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.