For EB-1C, the company in the USA operates in a different sector, but has the same owner. Does it qualify?

The EB-1C category is designed for executives and managers working in multinational companies, allowing them to be transferred to a branch or subsidiary in the United States. In this modality, it is essential to prove that there is a qualified relationship between the foreign company and the American one, demonstrating that management and controls remain consistent in both entities.

When dealing with a situation where the company in the USA belongs to the same owner but operates in a different sector than the foreign company, it is possible that the petition may be considered. However, the determining factor is whether there is an organizational and operational relationship that allows the candidate’s role to be characterized as an executive or managerial position in the American company, as required by the EB-1C visa.

This means that, even if operating in different sectors, it must be clear that the corporate structure maintains a relationship that justifies the transfer of the professional to the United States, where they will continue to hold a high management or supervisory position.

Each case is analyzed individually by the United States Citizenship and Immigration Services (USCIS), and it is important to gather all documentation proving this relationship, including details of the corporate structure, company registration, and a description of the functions and responsibilities performed both abroad and in the USA.

If the connection between the activities of the two companies is subtle or nonexistent, this may weigh negatively on the analysis, even if the owner is the same. Given the complexity of these processes, it is essential to strictly follow immigration laws and seek specialized guidance to avoid falling into traps or promises of guaranteed results.

A careful analysis of the company structure and the functions performed is indispensable to present a consistent case within the parameters required by US immigration law.

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.