My foreign employer put me on unpaid leave last year. What about EB-1C?

The EB-1C visa is designed for executives and managers of multinational companies who transition into an equivalent position at a related U.S. entity. A cornerstone of this category is demonstrating a qualifying period of continuous managerial or executive service abroad, performed in a role of substantial responsibility.

This is precisely where unpaid leave can become a concern. The issue is not the label of the leave itself, but what happened to your duties during that time: if you stopped performing managerial or executive functions, that gap may undermine the continuity the category requires. If, even while on leave, you continued to carry out responsibilities consistent with your role, the analysis may look different.

Beyond your own experience, the review also examines the relationship between the entities. A few factors that often matter:

• Whether managerial or executive duties continued throughout the leave period.
• Whether the qualifying relationship between the foreign company and the U.S. entity remained intact.
• How documentation supports the continuity of your role.

Because each situation is sensitive and fact-specific, it is worth reviewing the current requirements on the USCIS website and going over your full employment history with a specialist before deciding to file.

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.