How long must the U.S. company have existed to qualify for EB-1C?

The EB-1C is the green card path for managers and executives transferred within a multinational group. The question about the company’s length of existence is common, but the focus of the analysis is not the age of the U.S. entity, but rather the corporate relationship between it and the foreign employer.

In practice, there is no rigid minimum period of existence that the U.S. company must meet. What is evaluated is whether it is actively operating and whether there is a qualifying relationship (parent, subsidiary, or affiliate) with the foreign entity, with a structure consistent with a managerial or executive role.

When the U.S. operation is new, USCIS commonly requests additional evidence, such as a business plan, contracts, payroll records, and proof of actual activity, to confirm that the business has a solid foundation. There are also time-related requirements tied to the beneficiary’s employment abroad and the foreign company’s activity, which tend to be evaluated with scrutiny.

Because these timeframes and criteria are specific and may be interpreted strictly, it is worth confirming current requirements with USCIS and reviewing your case structure 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.