My company is part of the same group, but each subsidiary has a different holding. Does EB-1C apply?

The EB-1C is the pathway for executives and managers of a multinational company who will be transferred to a branch, subsidiary, or affiliate in the United States. The central factor is the corporate relationship between the foreign company and the U.S. operation: there must be control, ownership, or a functional link connecting the two entities.

When each subsidiary in the group reports to a different holding company, the analysis does not become impossible, but it does become more demanding. What matters is not whether the organizational chart shows a single apparent owner, but rather the ability to demonstrate, with documentation, how these companies are connected in terms of control and operations.

• Map the ownership chain linking the foreign company to the U.S. entity.
• Provide evidence of common control or ownership that characterizes the same group.
• Demonstrate your executive or managerial role of substance at the foreign company.

If the connection between the holding companies fits the definitions required by the competent authority, there is potential for qualification, but this depends on the group’s specific structure. Because this is a sensitive point, it is worth reviewing the current criteria with USCIS and mapping out the structure 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.