Yes, you can, but the answer depends on the corporate structure and your role, not just the fact that you are a co-founder. The EB-1C category is for managers and executives of multinational companies transferred to an entity in the United States, so being a founding partner neither disqualifies nor guarantees anything on its own; what matters is how your case fits the pillars of the category.
In practice, a few points tend to be decisive:
- You must have held a genuinely managerial or executive role at the foreign company, with strategic decision-making and supervisory authority;
- There must be a qualifying corporate relationship (same organization, subsidiary, or affiliate) between the foreign company and the U.S. entity;
- That relationship must have been maintained for a qualifying period and be well documented;
- The petition must be filed by the U.S. employer, since EB-1C does not allow self-petitioning.
As a co-founder, one extra consideration is clearly separating your role as an owner from your role as a manager: USCIS wants to see concrete managerial or executive leadership, not just equity ownership. Founder structures can work, as long as the hierarchy and functions are clearly demonstrated.
Because every arrangement is unique, it is worth checking the updated requirements on the official source (USCIS) and reviewing your case setup with a specialist before filing.
Learn more about EB-1
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
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About the author
Victoria Harper
Editor-in-Chief
As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.