Being a co-founder of a company abroad, can I apply for EB-1C?

The EB-1C visa is intended for executives and managers of multinational companies who wish to transfer their roles to a branch, subsidiary, or affiliate in the United States. Generally speaking, it requires that the candidate has worked outside the U.S. for at least 1 year in a managerial or executive capacity for a company related to the U.S. entity filing the petition.

In your case, being a co-founder of a company abroad, the possibility of qualifying for the EB-1C depends on some important details. First, it is necessary to demonstrate that you performed managerial or executive functions at the foreign company, with responsibilities involving strategic decision-making and supervision of teams or operations.

Additionally, the EB-1C requires that the U.S. company have a qualified relationship with the foreign company – that is, they must be the same organization, a subsidiary, or an affiliate – and that this relationship has been maintained for at least one year.

Another point to consider is that the EB-1C petition must be filed by the U.S. employer and not through self-petition. This means that the business structure and control hierarchy between the entities must be clearly defined, with documentation proving the relationship between the foreign company and the U.S. company.

It is important to remember that U.S. immigration rules are quite strict, and the interpretation of the requirements can vary on a case-by-case basis. Given the complexity of these criteria, it is recommended to seek detailed information from official sources and consult specialized professionals to evaluate your specific case. This way, you can protect yourself against potential pitfalls of misleading information and marketing approaches promising miracle solutions.

Staying updated on U.S. immigration laws and using qualified legal assistance are essential measures to ensure your process is conducted properly and in compliance with the law.

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.