Business owner in Brazil opening a branch in the USA. Can I already apply for EB-1C?

The EB-1C visa is aimed at executives or managers who have worked in multinational companies and are now seeking to assume similar roles in the United States. This type of visa can be an excellent opportunity for business owners who wish to expand their operations internationally, but it’s important to note that there are specific requirements that must be met.

When considering opening a branch in the USA, it is essential that the Brazilian company already has a stable and consolidated operation, demonstrating an effective relationship between the headquarters (or foreign subsidiary) and the new branch. In the context of the EB-1C, it is usually required that the business owner or manager has worked for the company abroad for at least one year in the three years prior to the application.

Thus, if you are a business owner in Brazil starting a new venture in the USA, simply opening the branch may not be sufficient to meet this criterion unless you can demonstrate continuity and operational integrity between the units. Furthermore, the American branch must be set up to carry out active commercial operations and be an integral part of the multinational structure.

This means it is crucial to prove that both the Brazilian company and the U.S. branch operate regularly and that there is a consistent organizational and operational link between them. Always remember the importance of strictly following U.S. immigration laws. Consulting qualified and specialized immigration professionals can help clarify specific questions about your situation and avoid pitfalls, scams, or unrealistic promises that many marketing campaigns may offer.

Each case is unique, and careful analysis of the requirements and documentation is fundamental for an accurate assessment of eligibility for the EB-1C. Therefore, the best approach is to gather all necessary information, establish a robust business connection, and proceed according to the guidance of U.S. immigration authorities.

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.