Under EB-1C, can I manage an overseas branch and a U.S. operation at the same time?

Under EB-1C, managing operations abroad and in the United States simultaneously is not, by itself, a disqualifying factor. The category is designed for executives and managers transferred within the same corporate group, and what the review prioritizes is the role you will perform on U.S. soil.

The decisive point is demonstrating genuine managerial or executive authority, both in your prior experience abroad and in the position you will assume in the United States. If your U.S. role is truly one of management or direction and holds primary importance, also overseeing activities abroad may be acceptable, provided that doing so does not undermine the U.S. function or weaken the required showing.

It is also necessary that the managerial experience abroad occurred during a recent period before the transfer, and that the organizational structure clearly establishes your level of authority on each front. How positions and responsibilities are described in the petition tends to be decisive.

• Operating on both fronts does not, on its own, disqualify an EB-1C petition.
• The focus is on the executive or managerial function performed in the United States.
• Real authority in each operation must be clearly documented.

Because the criteria are evaluated case by case and evolve over time, it is worth confirming updated requirements with USCIS and aligning the description of your responsibilities with a qualified specialist.

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.