In the EB-1C, if I buy an American company, can I be CEO and count the 1 year of experience?

When considering the EB-1C visa, it is important to understand that this benefit is intended for directors and executives who have already accumulated significant experience in a multinational company, working outside the United States, before assuming a similar position in an American company. The EB-1C requires the applicant to have at least one year of experience in an executive or managerial role; this experience must have been acquired outside the U.S. and in an entity that maintains a qualified relationship with the U.S. company that intends to be your future base of operations.

Specifically, if you acquire a company in the United States and take the CEO position, it is necessary to note that the experience counted for EB-1C must have occurred while you held a leadership role in the corporate structure of a foreign company, which is related (through affiliates, subsidiaries, or parent companies) to the company that will request your transfer to the U.S.

If the acquisition of an American company causes the entity to become exclusively yours and does not maintain this prior connection with the foreign company where you served in an executive or managerial capacity, the time worked as CEO after the purchase may not be considered qualified experience for the EB-1C category.

Furthermore, even if you start acting as CEO after the acquisition, it is essential that the corporate structures on both the foreign and American sides are well established and documented to prove the corporate relationship required by U.S. immigration law. This relationship needs to be clearly demonstrated through documentary evidence and formal records in order for the visa to be considered according to the criteria established by USCIS.

For these reasons, it is essential to strictly follow U.S. immigration laws, seek specialized guidance from reliable sources, and be cautious of solutions that promise easy results without proper legal foundation. Acting in compliance with regulations, as well as support in the detailed analysis of each case, are fundamental steps to avoid future problems and ensure that all criteria are satisfactorily met.

Remember, the immigration scenario can be quite complex and subject to specific interpretations depending on each situation. Therefore, if you are considering this path, seek detailed information and reliable sources to ensure that all requirements will be fulfilled. This care avoids not only discrepancies with the legislation but also risks of possible fraud or strategies not recommended by professional specialists in the area.

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.