I was a CEO, but the company abroad was small (8 employees). Does EB-1C apply?

The EB-1C visa is intended for executives and managers who wish to transfer their roles from a foreign company to an affiliate or subsidiary in the United States, proving that they have performed high-level managerial or executive functions in the foreign company. One of the core points of the analysis is the nature of the responsibilities held and the corporate relationship between the foreign company and the US company.

In your case, being a CEO is a recognized leadership position. However, if the foreign company was small (with only 8 employees), the challenge lies in demonstrating that you consistently performed high-level management functions and that the company’s structure allowed for significant strategic decisions. USCIS evaluates, for example, whether the company was already conducting regular business operations, if there was an organizational chart where your decisions directly impacted the company’s direction, and especially if this same leadership ability can be compared to what is required for the role in the United States.

Furthermore, it is important to emphasize that for the EB-1C, merely holding the CEO position is not enough; it is necessary to prove that the foreign company had a qualifying relationship with the US entity (i.e., a parent, branch, or subsidiary) and that both businesses have a corporate structure that permits the continuity of the executive role. If the company was small, there may be a more detailed analysis of the nature and scope of your responsibilities, which may require robust documentation and clear explanations about your role in leading and growing the company.

Finally, remember the importance of strictly abiding by the United States immigration laws and seeking expert guidance from professionals with proven experience in this matter. This ensures that you present appropriate documentation, avoid misinterpretations, and protect yourself from proposals promising easy or guaranteed results. An individualized evaluation is essential to understand if, in your case, the EB-1C requirements have truly been met, considering both the nature of the foreign company and the position held.

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.