Does the EB-1C require me to stay 1 year at the American company?

The EB-1C visa is an excellent option for executives and managers who wish to immigrate to the United States, as it allows professionals from multinational companies to transfer their roles to the American branch or subsidiary.

In this context, a common question is whether there is an obligation to remain with the company in the United States for a minimum period, such as one year. In reality, the EB-1C category does not establish a formal rule requiring the beneficiary to stay at the American company for exactly one year.

The requirement of a minimum work period of one year applies to the experience abroad, which is necessary to demonstrate competence in the managerial or executive position before the transfer to the US. After the visa approval and the start of activities in the country, there is no legal provision imposing a mandatory period of employment with the new company.

However, it is important to understand that the purpose of the visa is precisely for the professional to effectively work in the specialized position that qualified them for immigration. Although there is no strict legal obligation to continue for one year or another specific period, maintaining the employment that supported the visa application is essential to preserve the integrity of the immigration status.

If the professional abruptly ends the employment relationship soon after obtaining permanent resident status, this change may lead to questions regarding the original intent of the visa and, in some cases, complicate future reviews by immigration authorities.

It is worth highlighting the importance of strictly following United States immigration laws and being cautious with offers or marketing campaigns that promise quick or guaranteed results. Seeking information from reliable sources and counting on the support of consultancies or specialized attorneys can be a prudent measure to ensure that all conditions and obligations imposed by immigration regulations are met, avoiding unnecessary risks and possible fraud.

In summary, the EB-1C does not legally require the beneficiary to remain for one year at the American company, but it is fundamental to act according to the purpose that underpinned the visa approval, ensuring the continuity of the employment that qualified the immigration process.

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.