For EB-1C, if the subsidiary was opened 6 months ago but already has 30 employees, is that ok?

Under EB-1C, the category for transferred executives and managers seeking permanent residence, there is no fixed minimum operating period for a subsidiary in the United States. A recently opened entity can, in fact, support the petition, as long as it is clearly established that it functions as a real, active business capable of sustaining its operations.

Having many employees within the first few months is a positive indicator of growth, but it is not the only factor considered. The analysis looks at the operation as a whole, not at a single number in isolation.

• The corporate structure and the relationship between the foreign parent company and the U.S. subsidiary.
• Contracts, financial transactions, and evidence of genuine commercial activity.
• The subsidiary’s capacity to sustain its operations on an ongoing basis.
• The petitioner’s experience in a managerial or executive role at the foreign entity prior to the transfer.

In other words, the time the subsidiary has been open matters less than the strength of what can be documented. A young subsidiary with well-supported operations tends to be in a stronger position than an older one with little evidence of real activity.

Since each case is evaluated individually and requirements can change, it is worth verifying updated requirements at the official source (USCIS) and reviewing your profile 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.