For EB-1C, the foreign company is owned by the same person, but there is no legal proof of affiliation. Is this a problem?

The EB-1C visa is intended for executives and managers of multinational companies who wish to transfer their operations to the United States. This visa allows foreign companies and their affiliates in the United States to demonstrate a relationship of mutual control and management. Thus, proving the connection between the companies is a fundamental element for the approval of the petition.

In the case where the foreign company has the same owner as the company in the United States, but there is no legal documentation proving a formal affiliation, this situation can indeed represent a challenge. The U.S. immigration service needs clear evidence that the companies are legally linked through ownership or control. This is essential in order to understand that the applicant actually exercised managerial or executive functions for the company operating in different countries.

Without the proper legal proof, the immigration authority may interpret that, despite having the same owner, there is no corporate structure that proves the connection required by the EB-1C visa. It is important to have documents such as articles of incorporation, internal bylaws, or other official proofs that demonstrate the control relationship between the companies. If these documents do not exist or are insufficient, the process may face difficulties in approval.

Given this scenario, it is advisable to seek specialized guidance to evaluate the specific conditions of the case and determine how to strengthen the available documentation. Strict adherence to U.S. immigration laws and avoiding imprudent solutions or miracle promises is fundamental to ensure that all requirements are properly met.

Remember that every case has its particularities, and support from specialized professionals can clarify doubts and help identify which additional documents or strategies may be necessary to safely and adequately meet the EB-1C criteria.

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.