Does terminating employment with the foreign company before the transfer affect EB-1C?

The EB-1C is the green card pathway for managers and executives transferred between units of the same multinational group (parent, branch, affiliate, or subsidiary). Because it relies on that intra-group mobility, the employment relationship with the overseas entity is a central part of the analysis.

Ending the employment relationship with the foreign company before the transfer is completed can, in fact, complicate the case. The EB-1C rests on two pillars that a termination tends to weaken: proof of your managerial or executive experience abroad and the continuity of a corporate structure linking the originating entity to the U.S. company.

Every situation is unique. Depending on when and how the termination occurred, it may still be possible to demonstrate that the required corporate ties remain, or to reorganize the strategy and documentation to show continuity of role and the relationship between the entities.

Because this point is sensitive and reviewed with close scrutiny, it is worth reviewing your case with a specialist before filing and confirming the current requirements with USCIS. Be wary of anyone who promises guaranteed approval: each petition is evaluated on its own merits.

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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.