Is the EB-1C unavailable if the foreign company has no branch or affiliate in the United States?

As a general rule, yes: without a corporate link between the foreign company and an entity in the United States, the EB-1C ceases to be an option. The category was designed to transfer executives and managers within the same corporate group, so that ownership relationship is the backbone of the petition, not a minor detail.

The core idea is that you are moved from one company to another that belong to the same structure, which ensures continuity of the leadership role. Without a parent, branch, subsidiary, or affiliate in the United States connected to the foreign company, there is simply no link that the category requires to recognize the transfer.

• A qualifying corporate relationship between the two companies is required.
• That relationship supports the transfer of the executive or manager.
• Without a connected entity in the United States, the EB-1C does not apply.

Even so, each corporate structure has its own particularities, and sometimes a qualifying relationship exists that is not obvious at first glance, or there may be another path better suited to your situation. It is worth verifying the current requirements with USCIS and mapping out alternatives 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.