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

When analyzing the EB-1C visa, it is important to keep in mind that this category was created for managers and executives of multinational companies who are being transferred to a branch or subsidiary in the United States. The main focus is on the control relationship and hierarchical structure between the foreign company and its American counterpart.

In the case of a joint venture where the American company and the foreign company have different owners, the matter becomes quite delicate. To qualify for the EB-1C, the applicant must demonstrate that the relationship between the companies involved is corporate in nature and that they are part of the same control structure.

Generally, this means that one entity exercises significant influence over the other, either as a majority shareholder or through another form of control that justifies the executive or managerial transfer. In a joint venture where each company has distinct owners, it can be difficult to prove this control relationship required by the visa.

This is because for the EB-1C, it is not enough to have a business partnership – it is essential to provide evidence that the companies are part of the same multinational organization, with ownership and administrative structure connections that extend internationally.

If this control connection is not clearly demonstrated, the petition may not meet the criteria established by the United States Citizenship and Immigration Services (USCIS). Therefore, it is essential that any analysis of this nature be done cautiously, always observing the country’s immigration laws and seeking appropriate guidance from specialists in the area.

The complexity of business structures and the specific requirements of the EB-1C make it fundamental to have the support of experienced professionals, who can help identify whether your joint venture’s structure is compatible with the necessary requirements or if it would be more prudent to consider corporate setups that demonstrate the control relationship needed for the process.

Remember to always check the official guidelines and be wary of marketing campaigns that promise foolproof solutions – compliance with the United States immigration laws is essential for a safe and legitimate 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.