Can USCIS deny an EB-1C because it believes the U.S. company is not viable?

Yes. The EB-1C is the green card pathway for executives and managers transferred from a multinational company, and one of the central points of the review is the strength of the U.S. operation. If USCIS determines that this operation is not sustainable, the petition may be denied.

The logic is straightforward: the executive or managerial role must genuinely exist and be supported by a structure capable of sustaining it. The agency therefore examines whether there is an active business operation, a history of functioning, and the capacity to meet the obligations tied to the sought position.

To convey that viability, it is common to gather qualitative evidence such as:

• financial statements and tax returns of the U.S. company;
• proof of continuous operation, such as active contracts and payroll records;
• documents showing the organizational structure and the position’s place within it.

Each case is evaluated individually, based on the full body of evidence presented. Since requirements can change, it is worth checking the updated requirements at the official source (USCIS) and reviewing your situation with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.