EB-1C: the overseas company went bankrupt after I moved to the U.S. Does it affect my case?

It can, yes. The EB-1C is the pathway for executives and managers transferred to a branch, subsidiary, or affiliate in the United States, and it depends on a qualified, operational relationship between the foreign company and the U.S. entity.

If the overseas company went bankrupt after your arrival, the sensitive point is precisely that link. The reviewing officer will want to understand whether the U.S. operation remains active and whether it can be considered the legitimate successor of the original business.

It is often still possible to proceed with the petition when the U.S. entity:

• assumed the assets or restructured the original operation;
• maintains real and consistent activity in the United States;
• can document the transition and continuity of the business.

Because every corporate structure is different, thorough documentation makes all the difference. It is worth verifying the updated requirements with USCIS and reviewing your case with a specialist before filing.

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.