How to state that I am a cofounder of the company and acted as CTO, is it EB-1C?

It is important to clarify that the EB-1 visa categories in the United States are specific, and each of them requires detailed evidence of the role and functions performed within the company.

The EB-1C category is designated for executives or managers of multinational companies who are being transferred to a U.S. branch, subsidiary, or affiliate, while other categories (such as EB-1A for extraordinary ability) have their own criteria.

When mentioning that you are a cofounder and acted as CTO (Chief Technology Officer), the analysis to determine whether this role fits under EB-1C revolves around recognizing your managerial or executive role within the company structure.

Under EB-1C, the expectation is that the professional has performed high-level functions, supervising entire departments, making strategic decisions, and actively participating in driving the company’s overall results, in addition to having prior managerial or executive experience in an international organization.

Therefore, if your performance as CTO as a cofounder involved these responsibilities – such as leading technological projects that impacted the company globally and managing teams or strategic processes – there is a possibility to argue that your experience meets the managerial or executive requirements of the EB-1C category.

However, it is crucial to present solid documentation proving the company’s hierarchical structure, your direct responsibilities, and the strategic importance of your functions.

If your role was more focused on the technical and innovative aspect, it might be more appropriate to consider other categories, such as EB-1A, which recognizes extraordinary ability in specific areas and can be a valid alternative depending on your profile and professional achievements.

Always remember the importance of strictly following U.S. immigration laws and seeking guidance from specialized professionals in the area. There is a lot of information available online, including marketing campaigns that promise miracle solutions, but the safest decision is to resort to experts who can analyze your case individually and avoid risks related to scams and superficial information.

Every project has its particularities, and the way your experience as cofounder and CTO is presented can make all the difference in the correct classification for the desired visa.

Thus, carefully analyzing the performed functions and gathering robust documentary evidence is an essential step for any immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.