EB-1C and the American company opened last year and has 5 employees. Is it valid?

The EB-1C visa was created to facilitate the transfer of executives and managers from multinational companies to subsidiaries, affiliates, or branches in the United States. One of the fundamental requirements is that both the foreign company and the American entity maintain consolidated and structured operations, demonstrating the complexity and size that justify the transfer of a professional in a leadership position.

In the case presented, where the American company was opened last year and has only 5 employees, some points deserve special attention. First, it is important to verify whether the U.S. company meets the requirement of having operated actively and sustainably for at least one year. Although the fact that it was opened last year might meet this formal criterion, it is also necessary for the organization to demonstrate a stable managerial structure and a business activity compatible with the level of demand of the EB-1C.

Furthermore, one must consider whether the related foreign company (if any) has the solidity and consistency required to support the corporate relationship demanded for this type of visa. The small number of employees may raise doubts about the company’s capacity to maintain a robust managerial structure that justifies the transfer of a senior-level executive or manager.

It is essential to remember that, in order to start an immigration process, all these elements must be in compliance with the United States immigration laws and regulations. Therefore, it is advisable to seek specialized guidance, ensuring that the case analysis is done thoroughly and without falling into miracle promises or dubious offers.

Each situation has particularities, and the risk of not fully meeting the criteria may compromise the approval of the application before USCIS. In summary, although the American company has operated for one year, other aspects – such as the organizational structure and the proof of executive and managerial functions – must be carefully evaluated to confirm the eligibility for the EB-1C. Always keep the focus on following immigration rules and, if possible, consult specialized professionals before making any decision.

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.