EB-1C: the foreign company operates in IT, the American one in software sales. Is it the same area?

The EB-1C visa is intended for executives or managers of multinational companies and requires that the American and foreign companies maintain a consistent relationship in their operations and areas of activity.

In general terms, for an EB-1C petition to be successful, it is important that there is continuity or substantial similarity between the activities carried out by the foreign company and the branch or agency in the United States.

In the scenario you described – where the foreign company operates in IT and the American operation is dedicated to software sales – the answer is not simply a ‘yes’ or ‘no’. Although both fields are connected to technology, the IT segment may encompass a broader range of services, while software sales is more specific.

Thus, for EB-1C purposes, it is crucial to demonstrate that the activities performed by both companies are part of the same business context and that the leadership or management involved has a consistent trajectory in managing these interconnected businesses.

Additionally, the analysis considers factors such as organizational structure, operations chain, market strategy, and how the two entities interact within the multinational.

If, for example, the foreign IT operations include the development or support of solutions marketed in the United States, it may be feasible to demonstrate that both operations belong to the same field, even if with complementary focuses.

Always remember the importance of strictly following United States immigration laws and seeking information directly through official sources or specialized consultancy in the area. It is essential to be cautious and avoid falling into approaches promising simplistic or guaranteed solutions, since each case is analyzed based on its particularities.

Therefore, a detailed and well-grounded evaluation of the documents and business structure is essential for best compliance with the EB-1C requirements.

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.