EB-1C: was the foreign branch a home office? Does it count?

The EB-1C visa is an option for executives and managers who wish to transfer their knowledge and skills to the United States, and involves a detailed analysis of the relationship between the foreign company and its branch, subsidiary, or affiliate in the country. One of the requirements is the demonstration that both companies have real and consolidated operations, with physical or organizational structures that evidence their activities.

When the foreign branch operates from a home office, doubts arise regarding compliance with the minimum operational criteria required by the United States Citizenship and Immigration Services (USCIS). Generally, it is expected that the foreign company maintains commercial facilities and a well-defined administrative structure. A home office may be seen as insufficient because it might not demonstrate the necessary level of infrastructure and operations to meet the standard of a consolidated company.

Each case is analyzed individually, and there is a need to evidence that the structure, even if modest, is adequate to support business operations, and that the relationship between the foreign parent company and the branch in the United States is clearly established and operational.

It is essential to comply with United States immigration laws and to seek specialized guidance when preparing an EB-1C visa application. Whenever necessary, seek information from specialized companies or professionals to ensure all criteria are met and to avoid falling for promises or marketing campaigns that guarantee results without providing a solid basis in compliance with legislation.

Each situation is unique; therefore, carefully evaluating all circumstances is indispensable. Thus, if your foreign branch was set up only as a home office, it is advisable to thoroughly review the structure and documents that demonstrate the company’s real operation. This will help identify whether it meets the requirements demanded by EB-1C, safeguarding your application and reinforcing compliance with U.S. immigration laws.

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.