For EB-1C, the U.S. company is in a different industry but has the same owner. Does it qualify?

It can, yes. Under EB-1C, the fact that the U.S. company operates in a different industry than the foreign company does not disqualify the petition on its own. The decisive factor is whether a qualifying corporate relationship exists between the two entities, not whether they operate in the same sector.

This category was designed to transfer executives and managers within the same corporate group. The analysis therefore focuses on two axes:

• The link between the companies: they must qualify as a parent, branch, subsidiary, or affiliate, with common control demonstrated through corporate records and organizational structure.
• The nature of your role: the position in the United States must be genuinely executive or managerial, just as the role you held abroad must have been.

Having the same owner is a helpful indicator, but it may not be sufficient on its own. If the connection between the companies’ activities and their corporate structure is tenuous or merely informal, that tends to weaken the analysis, even when ownership is shared.

Because each case is evaluated individually by USCIS, it is worth assembling solid documentation of the corporate structure and the roles involved, and verifying the current requirements at the official source or 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.