My company has only 2 years of existence abroad and 1 year in the US. Can I qualify for EB-1C?

The EB-1C visa is intended for executives and managers being transferred within a multinational company to an affiliate in the United States. In general terms, to be eligible, there must be a qualified relationship between the foreign company and the US entity – such as a subsidiary, branch, or affiliate – and the company must have conducted continuous business activities for at least one year.

In your case, if the company has only 2 years of existence abroad and 1 year in the US, there are points that need to be carefully analyzed. One of the EB-1C criteria is that the executive applying for the visa must have worked outside the US in a managerial or executive capacity for the multinational company for at least one year within the three years preceding the petition. Therefore, it is important to confirm whether you or the visa applicant have performed this role for a sufficient amount of time at the foreign entity, and if the foreign company has a stable and proven operation.

Additionally, it is necessary that the US entity also demonstrates that it is effectively engaging in business activities and maintains a control or ownership relationship with the foreign structure. The fact that the US operation has only been active for one year may raise questions regarding the robustness of the operation and the consolidation of the relationship between the two entities – elements that are usually carefully evaluated by immigration authorities.

In general, each case has its peculiarities, and analyses take into account various aspects, such as organizational structure, length of operation, and supporting documents of the relationship between the companies. Therefore, it is essential to comply with all United States immigration laws, seek advice from specialized professionals, and be cautious not to fall for miraculous promises or marketing campaigns guaranteeing positive results without thorough analysis.

Remember: this response is for informational purposes only and does not replace a personalized analysis. It is recommended to consult an authorized specialist for a detailed evaluation of your case, ensuring that all criteria are correctly met when preparing the EB-1C visa petition.

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.