My foreign company put me on leave without pay last year. What about EB-1C?

When it comes to the EB-1C visa, the main focus is on the candidate’s qualification as an executive or manager of a multinational company, with proven experience leading operations outside the United States for at least one year in the last three years. This experience must be continuous and consistent with a high-responsibility role, which is one of the pillars for visa eligibility.

In your case, where the foreign company opted to place you on unpaid leave, it is necessary to evaluate how this situation impacts your employment history and the continuation of your strategic responsibilities. If during this leave period you ceased to perform managerial or executive functions, this may interfere with proving the experience required for the EB-1C.

Immigration authorities will assess whether, even with this interruption, you maintained a role that corresponds to the definition of executive or manager as required by the visa. It is important to highlight that, in addition to demonstrated managerial experience, the link between the foreign company and the U.S. subsidiary or affiliated company must remain clear and consistent.

Any significant change in the company’s structure or your duties may be interpreted as a change that compromises the candidate’s eligibility for the EB-1C. Given these nuances, it is advisable to seek guidance from qualified specialists to conduct a thorough analysis of your situation, always remembering the importance of strictly complying with all U.S. immigration laws and regulations.

It is also essential to be cautious with offers, marketing campaigns, or promises guaranteeing quick results, as the immigration process is complex and must follow the legal procedures established by the U.S. government. Each case has its specifics and, to make the best decision, it is recommended to gather all documentation proving the continuity and quality of your professional performance and, if necessary, reassess your strategy based on the reality of your employment history.

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.