My title is ‘CTO,’ but we only have 6 employees total. Can I qualify for EB-1C?

It may be possible, but the company’s small size is exactly the sensitive point. The EB-1C does not define the role by headcount, but rather by the nature of the function: what matters is that you genuinely hold an executive or managerial position within a qualifying multinational group with a recognized relationship between the foreign entity and the U.S. entity.

The CTO title alone is not enough. With a team of 6, the risk is that an officer may view the role as more operational or technical than executive, especially if you combine hands-on execution with management. You must show that there is a real structure for you to lead.

• An organizational chart that demonstrates clear levels and areas under your management.
• Your authority over strategy, budget, personnel, or policies.
• Delegation of technical execution to others, leaving you in a decision-making role.
• A qualifying corporate relationship between the foreign company and the U.S. entity.

Small companies are not excluded, but they carry a heavier burden to prove the substance of the executive role. In addition, there are rules regarding the required period of managerial work abroad and the company’s operations, and those parameters change over time, so confirm current requirements with the official source.

Because the analysis is thorough and case-by-case, it is worth reviewing updated requirements with USCIS and going over your role’s structure and job description with a specialist before filing.

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.