I’m a CEO, but the U.S. subsidiary hasn’t opened yet. Is EB-1C possible?

In this scenario, it tends to be difficult. The EB-1C is the path for executives and managers transferred from a multinational to its U.S. operation, and it presupposes a company in the United States that is already active and operating, connected by a qualifying relationship to the foreign parent. Being the parent company’s CEO alone is not enough.

That is precisely the sensitive point: the visa requires a real business structure on the U.S. side, in operation for a period before the transfer. If the subsidiary has not yet been opened or is not operational, the foundation the EB-1C requires is missing, and the petition is unlikely to hold up.

In practice, it often makes sense to reverse the order: first open and establish the U.S. operation, with continuous commercial activity and a clear link to the parent company, and only then file the petition. This gives consistency to the evidence of the requirements.

Since the required criteria can change, it is worth verifying the latest requirements at the official source (USCIS) and designing the strategy with a specialist, who can identify alternatives based on your company’s current stage.

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.