My company is headquartered abroad and the U.S. entity is a branch. Does the transfer qualify for EB-1C?

Yes, that is precisely the structure the EB-1C was designed for. The category facilitates the transfer of executives and managers within the same multinational group, and a foreign parent company with a U.S. branch or subsidiary typically fits that framework, provided certain points are clearly established.

The first is the qualifying corporate relationship between the two entities. They must share a common control relationship, such as parent and branch, subsidiary, or affiliate, and this must be supported by corporate documents, not simply asserted.

• A clear control relationship between the foreign entity and the U.S. entity.
• The U.S. company genuinely operating, not merely registered on paper.
• Your role in a managerial or executive capacity abroad for a qualifying period.
• A managerial or executive role also in the U.S. position.

Keep in mind that EB-1C evaluates the substance of the operation and your role, not just the organizational chart. The time spent in the role abroad and the period the U.S. company has been operating follow specific rules that change over time, so confirm the current requirements with the official source.

Because every corporate structure is unique, it is worth verifying updated requirements with USCIS and reviewing your corporate documents and job description with a specialist before filing.

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.