If the foreign company merged with another and became a new entity, is EB-1C still available?

There are several variables to be evaluated in cases of merger or structural change of the foreign company, especially when it comes to the EB-1C visa, designed for multinational executives or managers. In general terms, a structural change may not mean the end of eligibility, provided it is possible to demonstrate continuity between the original company and the new entity. In the EB-1C program, it is essential to prove that the candidate’s experience, obtained while acting in a managerial or executive position at the foreign company, remains uninterrupted and that this experience is directly related to the new corporate structure.

In other words, if the merger resulted in a successor entity that maintains a clear connection with the original company – whether through continuity of operations, ownership structure, or control – it may be feasible to demonstrate that the experience acquired is still valid for EB-1C purposes. However, the evaluation is very thorough, as it is necessary to present robust documentation proving this continuity relationship.

The company sponsoring the candidate in the United States must demonstrate that the new entity inherits the characteristics that would justify the executive’s transfer within the context of the visa. Thus, significant changes without proper documentation and evidence of continuity can affect eligibility. It is always essential to strictly follow United States immigration laws and seek advice from experienced and specialized professionals in this field.

This guidance helps to avoid mistakes and potential pitfalls, as well as prevents falling for approaches that promise guaranteed results in a simplistic way. Each situation has particularities that must be evaluated individually to ensure compliance with the visa requirements.

In summary, although the merger and structural change of the foreign company may complicate the situation, they do not, by themselves, exclude the possibility of applying for the EB-1C. The determining factor is to prove that the new entity is a legitimate evolution or successor of the original company, maintaining operational continuity and the professional experience necessary for the executive/managerial position.

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.