In the EB-1C, the U.S. company and the foreign company have different owners but it is a joint venture. Is that allowed?

In the EB-1C, the central issue is not having business in common, but rather the control relationship between the foreign company and the U.S. one. This category was designed to transfer executives and managers within the same multinational organization, so what is required is a corporate structure that connects both entities.

A joint venture in which the U.S. company and the foreign company have different owners makes this point particularly sensitive. A commercial partnership, by itself, does not establish the control relationship the visa requires: it must be demonstrated that one entity controls the other, or that both are under common control, with ownership ties and an administrative structure that crosses the border.

• A partnership or commercial contract does not equal a control relationship.
• The link must be corporate in nature: connected ownership and management.
• Without that clearly demonstrated control, the case is unlikely to qualify.

If your joint venture does not evidence that control, it may be more prudent to assess how the corporate structure is set up. It is worth reviewing the updated guidelines from the official source (USCIS) and analyzing the operational design with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

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.