EB-1C and the US branch hires me as a consultant, without CLT. Is this valid?

The EB-1C visa is intended for executives and managers who are being transferred from a multinational company to a branch or subsidiary in the United States. This visa requires that both the professional history abroad and the new position in the US meet specific criteria, especially regarding the nature and responsibility of the role.

In the case of a US branch hiring you as a consultant, without a formal employment relationship according to the CLT model, it is essential to analyze whether this hiring fits the EB-1C requirements. For the visa, the position held in the US needs to be at an executive or managerial level, with duties involving department supervision, strategic decision-making, and management of a significant part of the company’s operations.

A consultancy contract may not demonstrate, in the same way, the characteristics of a permanent leadership position integrated into the organizational business structure, which may negatively impact the petition’s evaluation. Furthermore, it is important to emphasize that each case has its own nuances and that compliance with US immigration laws requires a detailed analysis of all documentation and the structure offered by the company.

It is recommended to seek specialized advice to ensure that all requirements are met and to avoid procedures that may be interpreted as inconsistent or that do not prove the necessary hierarchical relationship. It is always worth remembering the importance of following current legislation, counting on qualified professionals, and being cautious with proposals that promise miraculous solutions or guaranteed results. In this way, you will be able to make safer and more informed decisions in your 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.