For EB-1C, the U.S. branch pays me well but has only 2 employees. Any concerns?

A lean branch does not, by itself, disqualify a EB-1C petition. There is no minimum headcount requirement for the U.S. entity to file. What truly matters is substance: the nature of the business, the existence of real operations, and whether your role is genuinely executive or managerial, both abroad and within the U.S. entity.

That said, small branches do tend to draw closer scrutiny. When there are few employees, an adjudicator will look carefully at whether there is actually an organization being managed and whether your function is managerial in the required sense, rather than someone performing the day-to-day operational tasks. A strong salary, on its own, does not answer that question.

To support the case, it helps to demonstrate elements such as:

• The corporate relationship between the parent company and the U.S. branch.
• Established and ongoing operations, with clients, contracts, and genuine activity.
• A clear organizational structure showing what and who falls under your direction.
• The strategic and decision-making nature of your role.

Since each case is evaluated individually, it is worth building robust documentation of the operation and structure, and checking the latest requirements on the USCIS website or with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

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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.