EB-1C: If the U.S. branch has 3 employees — one CFO, one CTO, one developer — and I am the CEO, is that too few?

Under EB-1C, the number of employees at the U.S. branch is not, in itself, what determines approval. The category is designed for executives and managers of multinational companies, and what matters is the managerial or executive nature of your role within the organization, not the absolute size of the team.

In the scenario you describe — a branch with a CFO, a CTO, and a developer, with you as CEO — a lean structure does not automatically disqualify the case. What the immigration authority evaluates is whether a genuine operation exists, with coherent management levels, and whether the branch supports the activities of the broader group. In small teams, it becomes even more important to show how each function fits together and how your role genuinely directs the operation.

You must also demonstrate an effective link between the overseas company and the U.S. branch, and that you held senior management responsibilities abroad during a recent period before the petition. The clarity of the documentation and the demonstration of organizational structure are often decisive in the review.

• The managerial nature of the position matters, not the headcount.
• The branch must demonstrate real operations and genuine management.
• The link between the parent company and the branch must be well documented.

Because the criteria are evaluated on a case-by-case basis and change over time, it is worth confirming the current requirements with USCIS and reviewing the case package with a specialist.

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.