In the EB-1C, can I be CFO and CTO simultaneously?

The EB-1C visa is intended for executives and managers of multinational companies who wish to transfer to an affiliated, subsidiary, or parent company in the United States. It requires that the applicant has performed managerial or executive functions abroad for at least one year within the last three years, and that they will perform a similar position in the United States, contributing to the expansion or maintenance of the company’s business.

Regarding your specific question about holding the roles of CFO (Chief Financial Officer) and CTO (Chief Technology Officer) simultaneously, it is important to consider that eligibility for the EB-1C visa is based on having held a high-level managerial position and having managed the organization or a substantial part of it.

In practical terms, if the activities performed under a single position effectively encompass the responsibilities of both CFO and CTO, in a way that shows the person held a highly relevant executive role contributing to the company’s overall management and strategy, there may be room for argument.

However, the analysis will be thorough and personalized, as it is essential to demonstrate that the applicant exercised managerial authority over specific areas or departments of the company. In situations where the roles of CFO and CTO are conceptually very distinct, it is crucial to prove that, even if combined, there was effective management involving significant decision-making control.

It is also worth remembering that supporting documentation – such as organizational charts, job descriptions, and reports evidencing the scope of the functions – will be crucial to substantiate the petition.

It is always recommended that any immigration process be conducted based on strict compliance with United States laws and regulations. Seeking detailed guidance and avoiding offers that promise easy results is essential to ensure the legitimacy and success of the application.

Immigration specialists can provide a specific analysis of your situation and help gather the necessary documentation properly. Remember that each case is unique, and the interpretation of EB-1C criteria may vary depending on individual circumstances. Always prioritize techniques that comply with legal practices to avoid risks of future complications in the process.

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.