EB-1C and the U.S. company opened last year with 5 employees. Does it qualify?

It may qualify, but the case requires careful consideration. In the EB-1C category, what matters is not a snapshot of the employee count, but whether the U.S. company has a real, established operation and a structure capable of supporting a genuine executive or managerial role.

A newly opened and lean company is not automatically disqualified, but it must demonstrate concrete commercial activity and an organization with a clear hierarchy, not merely exist on paper. When the U.S. business is very new and small, the analysis tends to scrutinize points such as:

• Effective commercial activity and the sustainability of the operation.
• The existence of a managerial structure that justifies a senior leader.
• A qualified, solid, and consistent relationship with the foreign affiliate.

A small headcount alone does not disqualify a petition, but it may raise questions about whether there is genuinely something to manage at an executive level. Every situation is unique and requirements may change, so it is worth checking the latest USCIS guidance and evaluating your eligibility 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.