For EB-1C, can the foreign company be a joint venture?

It is important to understand that the EB-1C visa is intended for executives and managers of multinational companies seeking a transfer to a branch, subsidiary, or affiliate in the United States. In this context, the structure and relationship between the foreign company and the U.S. company must be carefully analyzed to meet the criteria established by U.S. immigration law.

In the case of a joint venture, this structure is, by definition, an association between two or more independent entities. For a joint venture to be considered qualified under the EB-1C, it is necessary to demonstrate that there is a control and ownership relationship that allows treating the joint venture as the ‘foreign company’ from which the executive or manager originates.

In other words, if the joint venture shows that there is a clear hierarchical link – where the shareholders or controlling entity exercise centralized management and business decision-making – it may, in certain cases, be considered for the EB-1C. However, if the joint venture is only a business partnership without the necessary concentration of control, there may be difficulties in meeting the specific visa requirements.

Therefore, each case must be analyzed individually, taking into account the documentation that proves the union structure and the degree of shared control among the partners. It is emphasized the importance of always strictly following United States immigration laws and seeking advice from reliable and specialized sources. Avoiding involvement with proposals that promise easy and immediate results is crucial, as scams and marketing campaigns can cause significant harm to your process.

Each situation has its particularities; therefore, it is wise to consult specialists who can help assess the business structure and ensure that all requirements are properly met.

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.