It may still count, depending on how the merger affected the structure. In the EB-1C, what supports the transfer is the existence of a qualifying corporate relationship between the foreign company and the entity in the United States. If that relationship survives the merger, the affiliation tends to remain valid.
The merger of the foreign employer can reorganize who controls what. The central question is whether the legal and operational ties that connected the two companies still exist in the new structure, even if under a different name or corporate arrangement.
- If the control or affiliation ties are preserved, the EB-1C basis holds.
- If the merger dissolves or undermines that relationship, meeting the requirement becomes more difficult.
- The continuity of your managerial or executive track record also needs to be demonstrable.
It is therefore worth examining the terms of the merger and the resulting legal structure in detail, with documentation showing the continuity of the tie. Since every arrangement is unique, the best course of action is to confirm updated requirements from the official source (USCIS) and review the case with a specialist before filing.
Learn more about EB-1
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
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About the author
Victoria Harper
Editor-in-Chief
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.