EB-1C for the owner of a global brand franchise?

Owning a franchise of a global brand is not enough, on its own, to qualify for EB-1C. This category is for multinational executives and managers transferred between companies within the same corporate group, and the decisive factor is the corporate relationship between the entity abroad and the one operating (or about to operate) in the United States.

EB-1C requires a qualifying ownership relationship of the type parent, branch, subsidiary, or affiliate, with common control between the entities. The issue is that most franchises operate as independent businesses: the franchisee uses the brand and operating model but does not integrate into the franchisor’s corporate structure.

For a franchise owner, the practical question is whether a real corporate group exists behind the operation:

• If your operation abroad and the U.S. entity belong to the same corporate group with common control, a path may exist.
• If the franchise is merely a brand license with no corporate connection, EB-1C generally does not apply.
• It also matters whether you have actually performed managerial or executive functions within the foreign operation.

Because the analysis of corporate structure is technical and conducted on a case-by-case basis, it is worth reviewing the current requirements with USCIS and mapping your organizational chart 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.