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

A merger or restructuring of the foreign company does not eliminate EB-1C eligibility: what matters is proving continuity between the original company and the successor, and that the candidate's managerial experience remains valid.

Written by

Victoria Harper

Editor-in-Chief

Updated on July 11, 2026
1 min read
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A merger or restructuring of the foreign company does not, by itself, end eligibility for the EB-1C category, which is designed for executives and managers of multinational companies. The central issue is demonstrating continuity between the original company and the new successor entity.

In practice, it is necessary to show that the candidate’s managerial or executive experience abroad remains valid and connected to the new corporate structure. When the entity resulting from the merger maintains a clear link to the original company, whether through continuity of operations, ownership, or control, it is generally possible to sustain the petition.

  • The successor company must appear as a legitimate evolution of the original.
  • The continuity relationship must be well documented.
  • The connection between prior experience and the new structure must be evident.

Because the analysis is thorough and conducted on a case-by-case basis by the competent authority, structural changes without supporting documentation can weaken the petition. It is advisable to verify the current requirements with USCIS and assess the specific circumstances of the merger with a specialist before filing.

Learn more about EB-1

Category
EB-1 Green Card (1st priority)
Requirement
Extraordinary ability
Self-petition
Allowed (no sponsor needed)
Processing
6-18 months
All about EB-1

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.

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

A merger or restructuring of the foreign company does not eliminate EB-1C eligibility: what matters is proving continuity between the original company and the successor, and that the candidate's managerial experience remains valid.

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