My company belongs to the same group, but each branch has a different holding company. Does EB-1C apply?

The EB-1C visa is intended for executives or managers who have worked at a multinational company and who, after this experience, will be transferred to a branch, subsidiary, or affiliate in the United States. This visa requires a well-defined relationship between the foreign company and the U.S. operation, demonstrating control, ownership, or a functional connection that justifies the transfer.

In your case, even though your company belongs to the same group, the fact that each branch has a distinct holding company may complicate the analysis. The key for EB-1C is to demonstrate that there is a strong connection between the foreign company and the U.S. entity, allowing proof that you have held an executive or managerial position abroad in a relevant way and that this experience will be applied in the U.S. operation.

In more complex corporate structures, such as those involving independent holdings, it is necessary to clearly detail how these different companies relate in terms of control and operations. If the relationship between the holdings fits the definitions required by the Department of Homeland Security, there may be potential for eligibility; however, this largely depends on the corporate structure and the links between the companies.

It is important to remember that U.S. immigration laws and guidelines are quite specific and interpretations may vary according to the particulars of each case. Therefore, it is essential to seek specialized guidance to analyze your corporate group structure, evaluate the available documents, and verify if all the EB-1C criteria are indeed met.

Be cautious of promises of easy results, scams, and marketing campaigns that guarantee approval – the safest path is always to consult qualified professionals who work within the law.

In summary, your situation may have potential, but the key point is to unequivocally prove the connection between the group’s companies, even if with distinct holdings. A detailed analysis of administrative and control elements between the entities will be essential to identify eligibility for EB-1C.

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.