My foreign company opened an LLC in the USA just to bring me over. Does EB-1C apply?

To begin with, it is essential to understand that the EB-1C visa is intended for executives or managers of multinational companies who wish to be transferred to a branch, subsidiary, or affiliate in the United States. The central premise is that the candidate has managerial or executive experience in entities that make up a multinational corporate structure.

In your case, if your foreign company created an LLC in the USA solely to facilitate your entry into the country, it is necessary to evaluate whether this LLC legitimately integrates into a multinational corporate relationship. In other words, for EB-1C, a clear relationship between the foreign company and the entity in the USA is required – whether as a parent company, subsidiary, or affiliate.

Simply opening an LLC in the USA, even with the intention of ‘bringing’ an executive, does not guarantee that the EB-1C requirements will be met. US immigration requires that there be a business structure that proves substantial and ongoing operations both abroad and within US territory, in addition to managerial or executive activity demonstrated for at least one year outside the USA.

It is important to remember that, besides the formal adequacy of the business structure, the candidate must demonstrate their experience, the nature of the functions performed, and the relevance of the managerial or executive role within this corporate network.

Therefore, if the LLC was established solely for the purpose of enabling your transfer, without demonstrating robust and independent operations in the USA, it may be quite challenging to prove qualification for the EB-1C visa.

It is always worth emphasizing the importance of strictly following United States immigration laws. Due to the complexity of the requirements and continuous updates in regulations, seeking guidance from specialized professionals and exercising caution towards responses or marketing campaigns promising easy solutions or approval guarantees is recommended. Each case is unique and must be carefully analyzed to avoid setbacks during the process.

In summary, just opening an LLC specifically to facilitate your move to the USA may not be enough to fit the EB-1C criteria, unless the corporate structure truly proves an active and robust relationship between foreign and US operations, along with solid evidence of your managerial or executive role.

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.