I am a CEO, but the American branch has not been opened yet. Is EB-1C possible?

The EB-1C visa program is intended for executives and managers of multinational companies seeking a transfer to a branch or subsidiary already established in the United States. This visa category requires that the foreign company and the American company have a qualified relationship and that both are conducting business continuously.

In the case of EB-1C, one of the key requirements is that the U.S. company must be active and operational for at least one year. Therefore, if the American branch has not been opened or is not operational, it will hardly be possible to prove the existence of a business structure that allows an executive transfer under the criteria of this program.

This means that even if you are the CEO of the parent company, it is essential that the American company is already functioning and meets the connection and activity requirements between the parent company and the branch. It is important to remember that strict compliance with U.S. immigration laws and regulations is essential.

Seeking detailed information and the analysis of a qualified immigration specialist can help clarify which strategies and alternatives may be considered, according to the company’s reality and plans. Additionally, beware of seemingly miraculous proposals and marketing campaigns promising results without a complete case analysis, as they can divert focus from the necessary legal compliance.

If the goal is to explore ways to obtain the EB-1C visa, it may be advisable to prioritize opening and consolidating the American branch before submitting the application. This will provide more consistency in proving the program’s required criteria and greater legal security to the immigration process.

At any stage, the guidance of professionals specialized in this area can make a difference to ensure all procedures are conducted according to current regulations and that the strategy suits the specific situation.

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.