EB-1C: If the US branch has 3 employees, but 1 is CFO, 1 is CTO, 1 is a developer. I am the CEO. Is that too few?

The EB-1C visa is intended for executives or managers of multinational companies seeking to transfer their activities to the US branch. It emphasizes demonstrating the relevance and complexity of the responsibilities performed within the organization, rather than necessarily the absolute number of employees.

In other words, the organizational structure and levels of hierarchy are factors that weigh heavily in the case analysis. In the described scenario – a branch with only three employees (CFO, CTO, and a developer), with you as the CEO – the small number does not automatically make the situation unfeasible for the EB-1C category.

What the immigration authority will observe is whether the branch operation represents a robust management structure and supports the company’s global activities, even if the team is small. For companies with lean structures, it is important to demonstrate how each role integrates and contributes to the business management and growth, evidencing the managerial experience and capability acquired at the headquarters.

In any case, it is worth emphasizing that the EB-1C criteria involve proving that the foreign company and the US branch have an effective relationship and that you, as CEO, have performed high-level managerial functions at the company outside the United States for, generally, at least one year in the three years preceding the petition.

Clarity in documentation and demonstration of the organizational structure are essential for case analysis. Finally, it is indispensable to stress the importance of strictly following all US immigration laws, seeking specialized guidance from reliable sources (such as consultancies or professionals with proven experience in the field), and being cautious with offers that promise miraculous results. Every situation is unique, and understanding the requirements in detail is fundamental to structuring a solid process in compliance with current regulations.

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.