In EB-1C, if the branch was opened 6 months ago but already has 30 employees, is that okay?

The EB-1C visa is intended for executives and managers seeking permanent residence in the United States and requires that both the foreign company and the U.S. branch, subsidiary, or affiliate be fully operational and have a consolidated organizational structure. In the case where the branch was opened just 6 months ago, even with 30 employees, it is necessary to demonstrate that it is indeed functioning as an active entity with operations that meet the legitimate business criteria required by immigration law.

The number of employees can be a positive indication of the company´s growth and activity; however, other elements will also be evaluated, such as the corporate structure, the existence of contracts, financial operations, and the coordination of activities between the parent company and the branch.

It is important to remember that there is no fixed minimum period of operation for the branch under EB-1C – the focus is on proving that the U.S. unit has the capacity to conduct business activities sustainably and that the applicant performed high-level managerial or executive functions for at least one year abroad before their transfer.

Therefore, all documentation that proves real operational commitment, integration between the entities, and economic viability is essential. It is always imperative to strictly follow U.S. immigration laws and count on specialists in the field to avoid falling for distorted information or unfounded promises of quick results.

Always seek official sources and qualified legal assistance to map out the best strategy for your specific case, as each situation is unique and requires a detailed analysis of all involved aspects.

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.