I am a CEO, but my foreign company is inactive. Does EB-1C still apply?

Being a CEO works in your favor, but in the EB-1C category, the title alone is not enough to sustain a petition if the foreign company is inactive. This category requires an organization with real, ongoing commercial activity on both ends: the foreign entity and the U.S. employer, connected by a qualifying corporate relationship (parent, branch, subsidiary, or affiliate).

Inactivity creates two concrete obstacles. First, it makes it difficult to demonstrate that you held an effective and continuous executive or managerial role, since there is no ongoing operation to direct. Second, it weakens the requirement of a functioning company capable of sustaining the link between both sides of the corporate group.

That does not mean there is nothing to assess. A few points deserve a closer look:

• Whether the inactivity is temporary and there is well-documented prior activity during the relevant period.
• Whether another active company within the same group can fulfill the qualifying role.
• Whether other visa categories are a better fit for your current situation.

Since EB-1C depends heavily on the specifics of the corporate structure and operations, it is worth reviewing your case with a specialist and confirming the current requirements with USCIS before deciding on a path forward.

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.