I worked as CTO of a startup that opened a U.S. branch. Can I qualify for EB-1C?

It may be possible, but it depends on two key points that the EB-1C category examines closely. This category is for executives and managers of multinational companies who will hold a leadership role at a related U.S. entity (parent, branch, subsidiary, or affiliate).

The first point is the nature of your role. A CTO title alone is not enough: what matters is demonstrating that you genuinely performed executive or managerial duties, making strategic decisions and holding authority over a team or functional area. The second is the qualifying corporate relationship between the foreign startup and the U.S. branch, which must be real and well documented.

One common scenario to watch: a branch opened solely to facilitate your transfer, without consistent operations and structure, tends to weaken the case. What supports the petition is:

• Evidence that your role abroad was executive or managerial in substance.
• A clear ownership or corporate link between the foreign company and the U.S. entity.
• Genuine operations of the U.S. branch, backed by solid corporate documentation.

Since each case is reviewed individually, it is worth confirming the current requirements with USCIS and discussing your specific background with an immigration specialist before filing.

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.