What happens if my American company is acquired by another during the EB-1C process?

The EB-1C visa is a category intended for executives and managers who wish to work in the United States, provided they can prove their leadership position in multinational companies. This visa includes a series of requirements involving the structure, operation, and ownership of the company sponsoring the immigrant. Thus, it is essential that all corporate changes, such as acquisitions and mergers, be carefully evaluated from an immigration standpoint.

If your American company is acquired by another during the EB-1C process, the situation will need to be analyzed from two main perspectives. First, it is necessary to verify whether the organizational structure and the functions you perform remain unchanged or if there is continuity in the employment relationship, especially concerning the managerial or executive position. If the company resulting from the acquisition continues to operate similarly to the original entity, and you continue to perform a strategic role with an equivalent area of influence, there are possibilities to maintain the eligibility of the process.

On the other hand, significant changes in the organizational structure, ownership, or even the line of business may jeopardize the progress of the petition. In such cases, immigration authorities may require additional documentation to prove that, although the company has undergone a transition, the link between the immigrant and the new entity is compatible with the EB-1C requirements.

It is important to remember that each situation is unique and will be evaluated based on the specific details presented. In light of any structural corporate changes during the process, it is advisable to closely monitor all alterations and maintain detailed evidence demonstrating that the criteria established by the visa continue to be met.

The complexity of these situations underscores the importance of complying with United States immigration laws and seeking specialized guidance to avoid pitfalls and unfounded promises that may arise through marketing campaigns or unreliable sources.

Finally, keep in mind that compliance with legal requirements is essential for a successful review of your case. Although changes in the corporate structure may create challenges, maintaining robust documentation and following official guidelines can help ensure that the path taken remains viable under the parameters of the American immigration system.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.