The U.S. affiliate’s entire workforce is outsourced. Does that hurt the EB-1C?

The EB-1C transfers executives and managers from a company to a branch, affiliate, or subsidiary in the United States. The analysis focuses on the candidate’s managerial or executive function and the corporate relationship between the foreign parent and the U.S. operation, not on the team’s employment model itself.

For that reason, an outsourced workforce does not automatically disqualify the petition. What is examined is whether the structure preserves the managerial control and decision-making capacity of the U.S. entity:

• Outsourcing support functions without affecting management is generally acceptable.
• Outsourcing the command function itself can obscure the hierarchical relationship that is required.
• Documentation must demonstrate genuine control and real operational autonomy.

Because each case is assessed individually, it is worth reviewing the updated requirements at the official source (USCIS) and organizing documentation with the support of a specialist.

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Victoria Harper

Editor-in-Chief

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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.