For EB-1C, does the US company need to be in the same business sector?

The EB-1C visa was created to facilitate the transfer of executives and managers from multinational companies to their units in the United States. This category requires a qualified corporate relationship between the foreign company and the American one, but many wonder if this means both companies need to operate in the same business sector.

In practice, for the EB-1C petition, what matters most is demonstrating that the US company maintains a corporate relationship with the foreign company – usually in the form of a parent company, branch, subsidiary, or affiliate. There is no legal requirement that both operate exactly in the same sector.

However, it is important that the connection between them is clear and well documented. If, for example, the operations between the companies differ significantly without a plausible explanation or without evidence of common control, immigration authorities may raise questions about the genuineness of this relationship.

Even with some flexibility regarding the business sector, immigration officers analyze whether the American company is operating substantially and if it meets the business requirements that characterize an active entity. Robust documentation demonstrating the corporate structure, operational history, and control relationship between the companies is essential to avoid complications.

Remember that in all cases, it is essential to strictly follow the United States immigration laws. Seeking the assistance of specialized professionals is always recommended to ensure that every detail complies with the current regulations. Be wary of offers and marketing campaigns that promise results without proper legal backing, as they may not be reliable.

In summary, although there is no requirement that the US company operate exactly in the same business sector as the foreign company, maintaining a clear and solid corporate connection is essential for the success of an EB-1C petition.

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.