In EB-1C, can I manage a newly purchased branch?

The EB-1C is a visa category for executives and managers seeking to be transferred to the United States within a multinational company, and the criteria require that you have served in a senior management role for a minimum period outside the US, generally for at least one year. This requirement aims to prove that you have the experience and ability necessary to assume a similar position in the country.

When it comes to managing a newly purchased branch, it is important to observe the criteria established by USCIS. For the company structure to be considered qualified under EB-1C, the branch (or subsidiary/affiliate) must have been operational for a consistent period, in order to demonstrate business stability and continuity. A newly acquired branch may not present the required operating history, unless it is possible to evidence that, even after the acquisition, management indicators and business continuity meet the established standards.

Therefore, if the branch was just purchased, there may be difficulties in proving the minimum operation time and the effective exercise of managerial functions that EB-1C requires. In these cases, it is essential to gather all documentation that demonstrates not only the acquisition, but also the organizational structure, business continuity, and especially your performance in an executive or managerial role before the transfer.

We always emphasize the importance of complying with US immigration laws by seeking guidance from professionals specialized in the field. Beware of miracle promises or easy guarantees circulating on the internet, as they may not comply with official regulations and can even hinder the process. Each situation has its particularities, and a detailed analysis of your case is essential to understand the best path to follow.

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.