EB-1C for family business: I am the owner, I manage, and the branch is mine too. Possible?

The EB-1C visa is aimed at executives and managers of multinational companies who wish to bring their expertise to the United States. Generally speaking, the visa allows professionals holding high-level management positions in companies abroad to transfer to the branch, subsidiary, or affiliate in the United States, provided they meet certain strict requirements.

In the case of a family business in which you are the owner and also hold the managerial position, eligibility for the EB-1C depends on some essential factors. It is necessary to demonstrate that, even in a family-controlled context, the company structure meets the criteria of a ‘multinational company’. That is, it is required to prove that there was a qualified relationship between the overseas company (the ‘parent’) and the U.S. branch, where both operate under management and control practices that go beyond personal and family ties.

Furthermore, the U.S. government analyzes whether the role performed abroad was executive/managerial in nature and whether this operational experience was maintained for at least one year in the three years preceding the entry with the petition.

Another important point is that ownership roles, when exercised exclusively by family members, can raise questions about the independence and corporate structure required by the EB-1C. Therefore, it is crucial that the documentation clearly evidences that the company’s operations and management follow standards that characterize a legitimate multinational operation – that is, demonstrating that there is separation between personal interests and business administrative practices, even if the companies belong to the same family group.

Finally, given the complexities that may arise in this type of process, it is vital to emphasize the importance of strictly following United States immigration laws. Individualized case analysis and the preparation of robust documentation help to avoid problems or future complications. It is always worth relying on information from reliable sources and avoiding easy promises or miracle solutions that circulate in marketing campaigns.

Although this information may serve for initial clarification, the detailed and personalized evaluation of a specific case must be done with caution. Remember: the correct interpretation of immigration criteria and the meticulous organization of documents are fundamental for any successful 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.