Yes, this is a viable strategy within the EB-1C, the green card category for multinational executives and managers transferring to a U.S. operation. Opening a new U.S. entity can serve as the destination for your transfer, provided it genuinely belongs to the same corporate group.
The decisive factor is the corporate tie. The U.S. branch must maintain a qualifying relationship with the foreign company (parent, subsidiary, or affiliate), with clear evidence of common control and business continuity between the two entities. Simply forming an unrelated new company is not enough: the EB-1C exists precisely to move leadership within a real multinational structure.
Beyond the corporate link, your track record and the solidity of the operation matter. You must have served as a manager or executive at the foreign company for the qualifying period required by the category, and the new U.S. entity must be prepared to place you in an equivalent leadership role, with the organizational structure to support it. Newly established operations typically receive heightened scrutiny regarding business viability.
- The branch must be part of the same corporate group, with a documented corporate tie.
- You must have held a managerial or executive role abroad for the required period.
- The new operation must support a genuine leadership position and be viable.
Because the required structure and qualifying period vary by case, it is worth confirming updated requirements with the official source (USCIS) and planning the branch setup with a specialist before taking action.
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.