Is EB-1C possible for a 5-person startup?

Yes, a 5-person startup can pursue the EB-1C, but team size is not the deciding factor. This category is designed for executives and managers transferred from a foreign company to a related company in the United States, and what matters is the corporate structure, not the headcount.

The key requirement is the existence of a qualifying business relationship (parent, branch, subsidiary, or affiliate) between the foreign and U.S. companies, along with the candidate actually performing an executive or managerial role. Lean startups often run into trouble precisely here: when the hierarchy is informal or the link between the two companies is not well documented, it becomes difficult to demonstrate the managerial position and operations in more than one country.

In the evaluation, a few points tend to be decisive:

• A clear and documented corporate relationship between the foreign company and the U.S. entity.
• A genuinely executive or managerial role, not merely an operational one.
• Evidence that both companies are active and operating.

For early-stage companies, another pathway may sometimes be a better fit at the time. Since the required prior experience and other criteria are evaluated on a case-by-case basis, it is worth confirming the current requirements at the official source (USCIS) and reviewing your company’s structure with a specialist.

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.