In the EB-1C, can the U.S. affiliate be a shell company with no employees?

In the EB-1C, the short answer is no: the U.S. affiliate cannot be a shell company. This category transfers executives and managers to an operation that must be genuinely active, not to a company that exists only on paper.

Part of the analysis is precisely confirming that the U.S. entity has real commercial activity. A company with no employees, no structure, and no concrete activity will rarely support a petition, because there is no real operation for the transferred professional to lead or manage.

• Physical presence, such as functioning facilities or an office in operation.
• Staff and organizational structure consistent with the declared activity.
• A track record or concrete plan of genuine commercial activity.

A company in its early stages is not automatically disqualified, as long as it demonstrates real activity and serves as the nucleus for local operations. Because the evaluation is detailed, it is worth reviewing the updated requirements with USCIS and preparing the operational documentation with a specialist.

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Victoria Harper

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As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.