For the EB-1C, does the U.S. company need to be in the same industry?

No. The EB-1C does not require the U.S. company to operate in exactly the same industry as the foreign company. What is essential is demonstrating a qualifying corporate relationship between the two entities, typically in the form of a parent, branch, subsidiary, or affiliate.

The analysis focuses on the link between the companies and the actual operations of the U.S. entity, not on industry overlap. That said, this connection must be clear and well-documented, because significant differences without explanation can raise questions. The following factors typically carry weight:

• The common control relationship between the foreign company and the U.S. company.
• Evidence that the U.S. company operates on a substantial basis.
• Documentation of the corporate structure and history of operations.

In short, there is flexibility regarding the industry, but not regarding the strength of the corporate tie. It is worth organizing the documentation of the corporate structure and evaluating your case 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.