For EB-1C, the foreign company has the same owner, but there is no legal proof of affiliation. Is that a problem?

It can be, yes, a point of concern. The EB-1C category is designed for executives and managers transferred within a multinational group, and one of the pillars of the petition is demonstrating a qualifying corporate relationship between the overseas company and the one petitioning in the United States.

Sharing the same owner across both companies is a good starting point, but it typically is not enough on its own. Immigration authorities look for concrete evidence of a ownership or control link between the entities, which supports the logic of a transfer within the same group. Without documentation formalizing that connection, the authority may conclude that the required relationship has not been established.

For that reason, it is worth gathering and organizing the corporate documents that evidence the group structure, such as:

• Articles of incorporation and any amendments for each company.
• Shareholder composition and ownership chain records.
• Documents demonstrating common control and active operations.

If those documents do not currently exist or are insufficient, it may still be possible to strengthen the case by formalizing the relationship. Since every situation has its own particularities, it is advisable to verify the current requirements on the USCIS website and evaluate the structure 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.