A small company does not disqualify the EB-1C on its own, but it does place the structure under closer scrutiny. This is the green card category for executives and managers of multinational companies transferred to a U.S. operation, and being a CEO helps, as long as the other elements are in order.
Three points tend to carry weight. First, you must have served as an executive or manager at the foreign company for the required qualifying period. Second, there must be a clear corporate link between the foreign entity and the U.S. entity (parent, branch, subsidiary, or affiliate), with demonstrated common control. Third, the U.S. operation must be real and viable, with the capacity to support a genuine leadership role.
This is where small or newly established companies face the most scrutiny. The deciding factor is not the number of employees but rather the demonstration that the U.S. operation is a genuine, functioning structure capable of accommodating the executive role you would hold. A strong petition file shows the business activity, the relationship between the entities, and the actual substance of your leadership duties.
- Being a CEO helps, but the analysis focuses on the structure and viability of the operation.
- A documented corporate link between the foreign company and the U.S. entity is required.
- Small or newly formed companies typically receive greater scrutiny of their U.S. operation.
Because each structure is evaluated individually, it is worth organizing your documentation with a specialist and confirming the current requirements at the official source (USCIS) before filing.
Learn more about EB-1
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
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About the author
Victoria Harper
Editor-in-Chief
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.