Does the foreign and American company belong to the same investor? What is missing for EB-1C?

The EB-1C visa is intended for executives and managers working in multinational companies who plan a transfer to a branch, subsidiary, or affiliate in the United States. The rule requires that there be a clear and qualified corporate relationship between the foreign company and the U.S. company, as well as proof that the candidate held managerial or executive functions for at least one year in the last three years.

In the scenario where the American company and its foreign affiliate belong to the same investor, it may be that the missing point is precisely the demonstration of this qualified corporate relationship according to the criteria established by U.S. immigration laws. That is, even if both companies have the same owner, it is necessary to prove that they fit into one of the established relationships (such as parent-subsidiary, subsidiary, or affiliate) and that the organizational structure between them is properly defined and documented.

Furthermore, the candidate needs to present evidence that they maintained a managerial or executive position in the foreign company during the required period. It is worth reinforcing the importance of strictly following U.S. immigration laws and considering consulting specialized professionals and companies with a proven track record in the area. This helps to avoid surprises, scams, or purely commercial information that promise results without due legal guarantees.

Each case may have particularities that need to be carefully analyzed so that the documents and structure prove the relationship required for the EB-1C. If you are preparing an EB-1C visa application, always remember to gather robust documentation, such as corporate agreements, organizational charts, and proof of the managerial role held by the candidate, clearly illustrating all necessary relationships. This way, it is easier to demonstrate that, beyond belonging to the same investor, the companies maintain a qualified corporate relationship according to U.S. immigration criteria.

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.