Does termination with the foreign company before my transfer affect EB-1C?

Let’s start by briefly explaining that the EB-1C visa is intended for executives and managers who wish to be transferred to a branch, parent company, affiliate, or subsidiary of a multinational company in the United States. One of the fundamental requirements of this visa is that the applicant must have held a managerial or executive position at the foreign company for at least one year within the last three years preceding the transfer.

When the employment relationship with the foreign company is terminated before the transfer is effected, this situation can indeed complicate the process to obtain the EB-1C. This is because, by ending the relationship with the foreign company, it may become more difficult to demonstrate that the experience requirements and continuity within the organizational structure are being met. After all, the EB-1C visa was designed to facilitate the mobility of executives within the same multinational company across different countries, maintaining an interconnected corporate structure.

It is important to note that each situation is unique. If termination has occurred, it may be necessary to assess whether there are still ties that allow proving the required business relationship or if there is the possibility of a restructuring that meets the stipulated criteria. In some cases, adjustments in strategy or the presentation of documentation demonstrating the continuity of the role and the connection between the foreign entity and the U.S. company may be considered, but this is a very specific matter that largely depends on the details of each case.

Remember the importance of always strictly following U.S. immigration laws and consulting specialized legal counsel to verify how to proceed according to your particular situation. Avoid trusting promises of guaranteed results or marketing campaigns that assure approval, because each process is distinct and must be carefully analyzed according to its individual merits.

I hope this explanation has helped clarify the issue. Every case requires thorough analysis, and by staying well-informed and following legal guidelines, you will be better prepared to make the most appropriate decisions for your future in the United States.

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.