If my foreign company has ceased operations, can I still apply for EB-1C?

The EB-1C visa category was created to facilitate the transfer of executives and managers of multinational companies to a branch, subsidiary, or affiliate in the United States. This option depends on meeting certain specific requirements regarding both the foreign company and the US company. Therefore, it is essential to thoroughly understand the criteria and gather the appropriate documentation to demonstrate the relationship between the companies and the managerial or executive experience of the applicant.

In the scenario where your foreign company has ceased its activities, an important question arises: for EB-1C, it is necessary that the foreign entity is “doing business,” meaning it must be operational and engaged in commercial activities on a continuous basis. If the company closed before or shortly after the period during which you gained the required managerial experience, there may be challenges in demonstrating that the requirements were met.

The authority responsible for the review, USCIS, requires clear evidence that both the foreign company and the US company maintain regular operations and that managerial activities were performed within this context of “doing business.” However, each situation is unique and, depending on when the activities were interrupted, it may be possible to present a strategy explaining the closure, provided you can prove that the management period occurred while the company was operating normally.

It is worth noting that changes in the structure or relationship between the companies are also scrutinized rigorously and require detailed documentation proving the continuity of the business and the real connection between the entities.

Given these complexities, it is always crucial to follow the United States immigration laws and regulations. It is recommended to seek guidance from specialized professionals and avoid scams or marketing campaigns that promise guaranteed results. Being well informed and having a detailed analysis of the facts is the best way to assess whether, even with the closure of the foreign company, there is viability for applying for the EB-1C.

Remember: each case has its particularities, and a complete understanding of your professional and corporate history is indispensable to define the best strategy while respecting the current immigration rules.

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.