For the EB-1C, I manage a foreign branch and someone else manages the U.S. branch. Do I need to transfer?

In practice, yes. The EB-1C is the green card path that transfers an executive or manager from a multinational to fill a managerial or executive position in the U.S. operation. The very core of this category is that shift: you taking charge, from within the United States, of a high-level function.

In the scenario you described, someone else is running the U.S. branch while you continue managing the foreign operation. This typically stalls the petition, because you must demonstrate that you will be the one performing the managerial or executive role in the U.S. entity. Continuing to lead only the foreign branch, without assuming an equivalent position here, does not meet the purpose of the visa.

What USCIS needs to see is a clear line:

• Your managerial or executive experience abroad;
• A qualifying corporate relationship between the parent company and the U.S. branch;
• A concrete managerial or executive role for you within the U.S. operation.

There are structures in which an executive oversees operations more broadly, but that depends on how the position and organizational chart are designed. Since every case has its own particulars, it is worth reviewing yours with a specialist and checking the current requirements at the official source (USCIS) before making a decision about the transfer.

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.