For EB-1C, can the U.S. company have been open for just 1 month?

It is possible, but it tends to be challenging. The EB-1C is the route for transferred executives and managers, and it requires a genuine link between the overseas company and the U.S. company, with the American entity actively operating. A company that has been open for about a month typically struggles to demonstrate that continuous business activity.

The USCIS generally expects signs that the U.S. company is truly operational: structure, business presence, staff, and processes capable of supporting managerial or executive functions. A very new entity has not yet built up that track record, which weakens the demonstration of viability and continuity.

There is, however, a path designed for newly established businesses, known as the new office route, which allows a young company as long as the petition includes a more robust evidentiary package, for example:

• A solid business plan and financial projections.
• Proof of investment, physical space, and operational capacity.
• Evidence of the intent and ability to sustain operations.

Since each case is evaluated individually, the safest course is to verify the current requirements and structure the documentation 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.