Frequently Asked Questions About EB-1C

In EB-1C applications, company registration, actual activity, ownership and management are different elements. The presence of one does not automatically mean that the others are met. The answers below explain these most frequently confused distinctions. ¹

Is it mandatory to obtain an L-1A visa first?

Having a previous L-1A is generally not a prerequisite for EB-1C. This route may be considered if the eligible individual and the U.S. employer directly meet EB-1C requirements. However, the foreign employment period, US company activity, and actual executive role must still be shown. Even if there is an L-1A history, automatic EB-1C approval does not arise. ¹²

At least how many years must a US company be open?

The US employer must have been in business for at least one year. The criterion here is not only the date of establishment of the company. The orderly and systematic delivery of goods or services must be illustrated by actual activity records. Keeping a bank account and company registration open for a year alone should not be considered sufficient. ¹

Is a certain number of employees mandatory?

There is no fixed number of employees that applies to each EB-1C file. However, the company structure must allow the person to essentially perform management duties. It is not enough for a person who does the daily work himself to just have the title of CEO. Personnel or function management, task distribution and decision authority should be concretized. ¹

Can a company owner or partner apply?

Partnership alone is not a barrier; However, the person's actual managerial role, foreign experience, and the company's qualifications as a suitable employer are examined. The amount of investment is not a substitute for required executive experience or corporate affiliation. Personal assets and the activities of the company, which is a separate legal entity, must be separated correctly. ¹

If the owners of two companies are from the same family, is the relationship sufficient?

The family tie alone is not the appropriate institutional relationship. Ownership rates and control structure must comply with the definitions of parent company, subsidiary or affiliate in the legislation. The same surname, the same brand or commercial cooperation should not be considered sufficient. Share and voting rights documents are examined together. ¹

Might the shareholding percentages in a US and foreign company be different?

It depends on what type of relationship is based. The parent company–subsidiary relationship and companies owned and controlled by the same group of people in approximately the same proportions are different analyses. Just having the same common names is not enough. Partnership agreements and actual control rights should be examined on a case-by-case basis. ¹

How is one year of experience abroad calculated?

Appropriate foreign manager or senior manager experience is required within the relevant three-year period. If the individual works for an eligible employer in the United States, the relevant entry and previous work history may affect the time calculation. In any case, it is not correct to count three years from the application date. Entry-exit and duty records should be evaluated together. ¹

Is it enough to be an expert in a foreign company and a manager in the USA?

Appropriate managerial or senior management experience is also required for foreign assignment in the EB-1C. Automatic eligibility is not established solely based on the role of technical expertise. Some transfer opportunities of the L-1 categories should not be confused with the separate foreign experience requirement of the EB-1C. ¹²

If the company has very high turnover, is a manager role acceptable?

High turnover may indicate the activity of the company; but it does not by itself prove the executive nature of one's duties. Who is running the day-to-day operation, the applicant's decision-making authority, and the function or personnel management should be explained. The economic size of the institution and the legal job description of the individual are separate questions. ¹

How many days does premium processing last?

Premium processing time for EB-1C I-140 is 45 business days. This period is not a final approval, but an obligation of USCIS to take the relevant action. RFE or other procedure may require additional evaluation. Visa bulletin, I-485 and consular processes are excluded from this period. ³⁴

What happens if a foreign company closes?

The continuation of appropriate institutional relationships and international activity are important elements of the dossier. Closing of the foreign company or change in control structure may affect the application or current status. The outcome should be examined according to the nature of the change and the stage of the case. Immigration impacts should be evaluated before a closure decision is made. ¹²

Do my spouse and children require separate administrator experience?

Eligible derivative family members do not need to prove their own executive experience. However, there are family relationship, age and marital status, and other personal eligibility checks. I-140 approval does not give the family immediate employment or stay rights; Pre-Green Card status and work authority should be evaluated separately. ¹⁵⁶