My position is ‘CTO’ but we have only 6 employees in total. EB-1C?

The EB-1C category, aimed at executives and managers of multinational companies, requires that both the role performed and the company’s organizational structure be compatible with an executive or managerial leadership profile. This visa allows companies to transfer their top executives to work in the United States, provided that some essential requirements are met.

In your case, being a CTO (Chief Technology Officer) and having a company with only 6 employees, it is important to analyze some crucial points to understand if the EB-1C category may be applicable. First, the EB-1C requires that the candidate has worked, within the last 3 years, at least 1 year in a managerial or executive capacity in a foreign company that has a qualified relationship with the company in the United States – that is, it must be a relationship between the parent company, subsidiary, or affiliate.

Additionally, it is necessary that the organizational structure of the company abroad, as well as the new entity in the USA, clearly demonstrate the existence of a managerial or executive position. Larger companies or those with more complex structures usually more easily demonstrate these requirements, as it is simpler to identify hierarchical levels and supervisory areas that prove the executive function.

Although the number of employees is not, by itself, a determining criterion, a company with only 6 employees may face challenges in evidencing this management profile, especially if the executive and supervisory functions are not well defined in practice.

To proceed with a detailed analysis, it is essential to conduct a comprehensive assessment of the company’s structure, the job responsibilities, and how these functions interact both internationally and within the USA. Always remember the importance of strictly following US immigration laws, seeking information from reliable sources, and, if necessary, consulting specialized professionals on the subject, avoiding the trap of miracle promises or marketing campaigns that guarantee results. Each case is unique, and a personalized analysis will help define the most appropriate strategy for your professional and business profile.

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.