EB-1C: the foreign company went bankrupt after I came to the US. Does it affect?

We will explain clearly and accessibly how the situation may affect the application for the EB-1C visa. This visa is intended for executives and managers who are being transferred to a branch, subsidiary, or affiliate of their company abroad to work in the United States. One of the requirements is the existence of a qualified and operational relationship between the foreign company and the US entity.

If the foreign company went bankrupt after your entry into the US, there may be implications in the process. In general terms, the bankruptcy of the foreign company can be considered a negative factor, especially if it is the basis to prove the relationship and continuity of business between the entities.

The immigration officer reviewing the case will check if the US company is the legitimate successor of the operations and if it continues to operate in a manner that justifies the transfer of the executive or manager. If the US entity has restructured, acquired the assets, or established a new operation replacing the extinct company, it may still be possible to meet the requirements, but this will require detailed documentation and proof of the operational continuity of the business.

It is worth emphasizing that each case is unique. Therefore, additional evidence may be necessary to demonstrate that the corporate structure remains consistent and that all legal eligibility requirements are met. Documents showing the transition, business reorganization, and viability of the operation in the United States will be fundamental.

Furthermore, it is imperative to always follow US immigration laws and avoid any action based on unconfirmed information or miracle promises from companies claiming to facilitate immigration processes. For this reason, it is recommended to seek specialists in the immigration field – avoiding scams and dubious marketing campaigns – for an in-depth analysis of your case.

In this way, you will ensure that all relevant aspects are considered in accordance with current guidelines. This caution is essential to protect your rights and ensure that the transition between companies occurs according to the standards required by US authorities.

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.