For EB-1C, can the American company have been opened 1 month ago?

The EB-1C is a category that requires the relationship between the foreign company and the American company to be well established, demonstrating real and continuous operations. In general terms, for an EB-1C petition to be successful, the U.S. company needs to prove that it is actively engaged in business activities, possessing a structure that allows the effective exercise of managerial or executive functions.

In the specific case of an American company that has been open for only one month, there are significant challenges. Normally, USCIS (United States Citizenship and Immigration Services) expects evidence that the company is already operating regularly, with a physical structure, clear business plans, hired staff, or processes that demonstrate ongoing business operations. New companies, especially those with only one month of existence, may have difficulty presenting robust documentation and operational consistency required by the agency to prove the viability and continuity of the business.

For petitions based on a new office, the process may be possible but requires a more detailed evidentiary package showing the intention and ability to maintain operations and create jobs in the short term. This usually includes a solid business plan, financial projections, contracts, investments, and other elements that prove the new entity has real conditions to sustain and grow.

It is very important to strictly follow U.S. immigration laws and be cautious of offers that promise easy solutions or guarantees of approval. Consulting specialized sources and qualified professionals in the area can help properly guide the process and avoid complications, as well as reduce the risk of falling for scams or dubious marketing campaigns.

Each case is unique, and a detailed analysis of the specific company’s situation – as well as the candidate’s background – is essential to assess whether the EB-1C requirements are met. Therefore, before taking any step, it is recommended to gather all necessary documentation and be aware of updated requirements, ensuring all legal demands are fulfilled.

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.