The bankruptcy of the foreign company after you completed the qualifying period in a managerial or executive role does not automatically invalidate an EB-1C petition. The experience you gained may still be recognized, as long as you can document the nature of your duties and the required corporate structure.
The EB-1C is designed for executives and managers transferred by multinational companies and rests on two pillars: service in a managerial or executive capacity abroad and a qualifying relationship between the foreign company and the U.S. entity (parent, subsidiary, affiliate, or branch).
This is where the bankruptcy can complicate things. If the foreign company no longer exists, it tends to be harder to demonstrate the continuity and consistency of the corporate relationship that supports the petition. Many cases are still viable, but they require solid documentation of the relationship and your specific duties.
Because every situation is unique, check the current requirements on USCIS and evaluate your scenario with a specialist before filing.
Learn more about EB-1
- Category
- EB-1 Green Card (1st priority)
- Requirement
- Extraordinary ability
- Self-petition
- Allowed (no sponsor needed)
- Processing
- 6-18 months
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About the author
Victoria Harper
Editor-in-Chief
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.