In the EB-1C, can I be a partner in the company?

The EB-1C visa is aimed at executives and managers of multinational companies who wish to be transferred to a branch, subsidiary, or affiliate in the United States. That is, the focus of this benefit is to demonstrate that the applicant performs managerial or executive functions in a company that has a qualified relationship with the U.S. entity, and that this experience will allow them to continue contributing to the development and organization of the company in the United States.

Regarding ownership participation, it is important to highlight that, in general, EB-1C applicants should not be the principal partners or holders of a majority stake in the sponsoring company or the company that hired them abroad. This is because the intention of the visa is to transfer professionals who have genuinely acted in supervisory and leadership roles, not investors who hold controlling shares.

If you are a partner with a minority stake – that is, without control of the company – the assessment may be more favorable, provided you can demonstrate that your role has always been that of an executive or manager, and that the employment relationship is legitimate and compatible with the category’s requirements.

It is essential to be cautious about mistaken interpretations that may suggest any type of ownership participation is acceptable. Each case is evaluated considering the structure of the relationship between the U.S. company and the foreign company, the history of functions performed, and documentation that proves the executive or managerial nature of the position.

Thus, even a small ownership participation must be carefully analyzed to ensure it does not compromise the integrity of immigration requirements.

Remember that strictly following immigration laws and seeking guidance from specialized professionals is essential to avoid future problems. There are many services and marketing campaigns that may promise results without offering the necessary legal security.

A thorough analysis of your case, accompanied by specialized consultancy, can avoid unnecessary risks and help prepare an accurate and consistent petition in accordance with U.S. regulations.

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.