Under the EB-1C, can I be a part-owner of the company?

Yes, with attention to the type of ownership. The EB-1C is designed for the transfer of executives and managers from a foreign company to a related entity in the United States, not for the immigration of investors. Holding shares or equity in the company is not, in itself, a disqualifying factor.

The sensitive point is the degree of control. Being a majority owner or controlling shareholder of the sponsoring company tends to weaken the petition, because the category requires demonstrating that you genuinely function in an executive or managerial capacity, not that you hold decision-making power as an owner. A minority ownership stake, on the other hand, is generally viewed more favorably.

• What matters is the executive or managerial nature of your role, well documented.
• The employment relationship must be legitimate and consistent with the category.
• The qualifying relationship between the foreign and U.S. entities must be clearly established.

Because each ownership structure has its own nuances, it is worth mapping out your equity stake and your functions and verifying the current requirements with the official source (USCIS) or 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.