In EB-1C, does owning a franchise with 2 employees make me an ‘executive’?

The EB-1C visa is aimed at executives or managers who held high leadership roles in multinational companies, and it is essential that the applicant proves they have actually performed a significant and strategic management role. Therefore, simply owning a franchise with only two employees does not, by itself, guarantee that you operate at an executive level as defined by the EB-1C criteria.

To be considered an executive under this category, it is necessary to demonstrate that in your previous position you had the authority to set policies, make strategic decisions, and broadly manage the organization, overseeing various areas or departments. In larger companies or in structures with a complex hierarchy, these roles become more evident.

In the case of a small franchise with few employees, the structure may not demonstrate the same responsibilities in terms of leadership and overall management, even if you are the owner. It is important to remember that each case is evaluated individually, taking into account not only the number of employees but also the complexity of the business, your operational responsibilities, and the way the company is structured.

Keeping detailed records of your executive functions and the responsibilities performed can be decisive in the analysis of your case. Additionally, I emphasize the importance of strictly following United States immigration laws and seeking guidance from reliable sources and specialists in the field when considering this type of process. Extra caution is fundamental to avoid falling for scams or marketing campaigns promising miraculous results that do not reflect the reality of the immigration process.

Each situation has its particularities, and a detailed analysis of your profile and performed activities will help determine if you meet the requirements demanded by EB-1C. Maintaining transparency and complete documentation of your functions can be a differential in the thorough evaluation of this type of visa.

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.