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

An acquisition during the EB-1C process does not automatically invalidate the petition, but it demands close attention: what is at stake is whether the qualifying employment relationship that underpins the visa survives the change of control. The EB-1C requires you to hold an executive or managerial role at a U.S. company with a qualifying corporate tie to the foreign entity, and it is that combination that will be reexamined.

If the resulting company continues to operate in an equivalent manner, you retain a compatible strategic role, and the corporate structure remains qualifying, there is a solid path to preserving eligibility. The central point is substantial continuity, not the name on the articles of incorporation.

On the other hand, certain changes deserve heightened scrutiny:

• A material shift in your duties or level of responsibility.
• Severance of the qualifying corporate tie to the foreign entity.
• A change of business line or restructuring that fundamentally alters the original operation.

Faced with any such transition, the most prudent course is to document the succession (showing that the new entity assumes the prior obligations and relationship) and review the situation with a specialist, confirming updated requirements with USCIS before proceeding.

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.