How long does the U.S. company need to have been active for the EB-1C?

Yes, the EB-1C requires that the U.S. company already be in operation for a minimum period before receiving the transferred executive or manager. The idea is to show that a real, stable, and functioning business structure exists, not merely a newly formed company on paper.

This activity period requirement serves to demonstrate that the branch, subsidiary, or affiliate in the United States has effective commercial operations and the capacity to support an executive or managerial position. The analysis typically focuses on points such as:

• The existence of continuous and verifiable commercial operations in the country.
• The corporate link between the foreign company and the U.S. entity.
• The actual capacity to employ the candidate in a management role.

The exact minimum operating period is a criterion that may change over time, so it is not advisable to state a fixed figure here. Confirm the current requirement directly from the official source (USCIS) and assess your case with a specialist before filing.

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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.