Does the foreign company need to remain active for the EB-1C?

As a general rule, yes. The EB-1C, designed for executives and managers transferred within the same corporate group, relies on an ongoing business relationship between the foreign company and the entity in the United States. For that to hold, the foreign operation must remain active and legitimately functioning.

If the foreign company ceases operations, questions arise about whether a live corporate tie still exists between both ends — and that tie is precisely what underpins the visa. The core idea is that a real multinational group must exist, with related operations in more than one country, not merely a registration on paper.

• What must be demonstrated is a genuine and active business connection between the entities.
• Documentation must show that both sides operate in a consistent manner.
• Changes in the structure or status of the foreign company can affect the analysis.

Because the requirements are detailed and each case is assessed individually, it is worth checking the latest requirements with the official source (USCIS) and reviewing your corporate structure 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.