EB-1C requires the US company to exist for how long?

It is important to be clear that the EB-1C visa, intended for managers and executives of multinational companies, has specific requirements involving the relationship between the foreign company and the company in the United States, and does not necessarily impose a strict requirement on the length of time the American company has existed.

In summary, the EB-1C does not require that the US company has operated for a minimum established period, such as two or three years, for example. What is required is that there be a qualified relationship between the foreign company and the American company, meeting the criteria that demonstrate that the business is effectively operational and that the organizational structure is compatible with managerial or executive roles.

In other words, even if the US company is relatively new, it can, in principle, sponsor the petition if it can prove operational viability and demonstrate that it has an ongoing corporate relationship with the foreign parent or affiliated company. However, it is important to highlight that the foreign entity must have conducted business activities continuously for at least one year before the transfer can be considered.

Furthermore, the candidate must have worked in a managerial or executive position for at least one year within the last three years outside the US. If the American company is new, additional evidence is usually requested, such as a detailed business plan and documents that attest to the company’s operations and future sustainability. The goal is to ensure the business structure is robust enough to support the managerial and executive functions performed by the candidate.

It is essential to remember that each case is unique and requirements may be strictly interpreted by immigration authorities. Compliance with US immigration laws is imperative, as well as consulting reliable sources and specialists in the area. Beware of easy promises or marketing campaigns guaranteeing results without proper detailed case analysis: secure and updated information is essential to avoid misunderstandings.

In summary, while the US company does not need to have a predetermined minimum length of existence, it must demonstrate that it is an active business and maintains a qualified relationship with the foreign company, thereby fulfilling the operational and administrative requirements established for the EB-1C.

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.