My employer abroad has 10 employees and the branch in the USA has 5. Is EB-1C possible?

The EB-1C visa is aimed at executives or managers working in multinational companies who are transferred to a branch, subsidiary, or affiliate in the United States. For EB-1C to be a viable option, there must be a qualified relationship between the foreign company and the US branch, in addition to specific requirements concerning the candidate’s role and business operations.

In your case, the fact that the foreign company has 10 employees and the US branch has 5 requires a detailed evaluation. USCIS (United States Citizenship and Immigration Services) does not set a minimum number of employees as a direct criterion for EB-1C. What really matters is that both entities – the employer outside the United States and the US branch – are actively engaged in business consistently, and that there is evidence of a qualified corporate relationship (such as parent and subsidiary, branch, or affiliate).

Furthermore, the candidate must have worked in an executive or managerial capacity for at least one year during the last three years prior to entering the United States. Therefore, even with the small size of the teams, the possibility of opting for EB-1C is not automatically ruled out. The essential point is to assess whether the company meets the other requirements related to operational structure and the relationship between the entities.

Each case has particularities, and it is important to be cautious to confirm that all eligibility criteria are being met. Remember the importance of strictly following United States immigration laws. It is advisable to consult a specialist or a trusted company who can analyze your case individually. In this way, you will protect yourself against possible pitfalls and false promises circulating through marketing campaigns that can lead to inaccuracies or losses in the immigration process.

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.