I was on an L-1A for 6 months and resigned. Can I resume EB-1C with another branch?

Let’s begin by clarifying that both the L-1A visa and the EB-1C category are intended for executives and managers working in multinational companies. However, each has specific requirements that must be met by both the applicant and the sponsoring company. In your case, you mention having worked for 6 months under the L-1A category and then leaving the company. The EB-1C, like the L-1A, requires that the applicant have performed managerial or executive functions at the foreign company for at least one year within the three years prior to filing the petition.

If you have additional experience prior to those 6 months (for example, if you have previously worked in managerial roles that meet the requirements), this may help satisfy this condition. However, if the 6 months were your only experience in this context, you might lack the required one year of managerial or executive experience.

Moreover, for the EB-1C it is essential that the company filing the petition in the United States maintains a qualified relationship with the foreign company where you worked – this can be another branch or subsidiary, provided that this corporate relationship is proven and both entities have been commercially active for at least one year.

Therefore, the issue of ‘resuming’ EB-1C with another branch will depend not only on your managerial background but also on the conformity of the corporate group to meet the structural and operational requirements imposed by immigration.

It is always important to remember that United States immigration laws are strict and each case is evaluated individually. Hence, it is advisable to seek the assistance of consultants or law firms specialized in immigration, who can thoroughly analyze your professional background and business structure, avoiding the trap of ‘easy’ solutions and unfounded promises. This caution is crucial to ensure you comply with all legal requirements and prevent future complications.

In summary, if you have the necessary additional managerial experience and the new branch meets the criteria established by immigration laws, pursuing the EB-1C option may be possible. However, a detailed review of the entire professional history and the relationship between the companies is essential to confirm that all requirements will be met.

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.