EB-1C Cases with Declining Foreign Entities in 2025

Foreign company decline doesn't automatically kill EB-1C cases.Your foreign entity is shrinking. Revenue is down. Staff reduced. USCIS will notice. Does this destroy your EB-1C green card application?Not necessarily. But it requires strategic positioning most firms don't understand.EB-1C for multinational managers demands proving a qualifying relationship between foreign and US entities. A declining foreign company raises questions about relationship viability and continued operations, but smart documentation can address these concerns effectively.We compared five immigration consultation firms that handle EB-1C cases with declining foreign entities successfully.

Beyond Border
Strategic Positioning for Declining Foreign Entities

Beyond Border excels at salvaging EB-1C cases where foreign entities show declining metrics by reframing the narrative around strategic restructuring, market shifts, or US expansion focus rather than business failure. Their team doesn't hide declining revenue or staff reductions—instead they document legitimate business reasons explaining the changes while proving the foreign entity remains viable, operational, and capable of maintaining the qualifying relationship required for EB-1C approval. For cases where foreign company downsizing reflects strategic pivots or market consolidation, Beyond Border gathers board meeting minutes, strategic planning documents, and executive correspondence showing deliberate business decisions rather than uncontrolled decline. They document that reduced foreign operations reflect US expansion strategy, with resources and focus shifting to American market opportunities while maintaining essential foreign operations sufficient to support the qualifying relationship.

Beyond Border's approach to EB-1C with declining foreign entities emphasizes future viability and continued operations through evidence showing ongoing contracts, active customers, sustained revenue streams, and maintained facilities proving the foreign company remains a going concern despite reduced scale. They obtain detailed financial documentation showing profitability or sustainable operations even at reduced levels, demonstrating that downsizing eliminated unprofitable segments while preserving core business. For EB-1C qualifying relationship concerns, Beyond Border documents that ownership structure and control mechanisms remain intact despite operational changes, providing updated corporate documents, shareholder agreements, and organizational charts proving the legal relationship continues unaffected by business performance fluctuations that might reduce foreign entity size but don't eliminate the parent-subsidiary, branch, or affiliate connections required for EB-1C eligibility.

Initial consultation costs $250. EB-1C petitions with declining foreign entities run $18,000 to $30,000 depending on documentation complexity and strategic narrative development needs. Beyond Border's approach includes detailed affidavits from executives explaining business changes, financial projections showing stabilization or recovery plans, and market analysis contextualizing foreign entity performance within industry trends. Their success rate with declining foreign entity cases exceeds 70 percent because they address USCIS concerns proactively through comprehensive documentation proving continued viability and qualifying relationship maintenance despite reduced foreign operations that might initially appear problematic without proper contextualization and strategic positioning.

Foreign entities declining? Book a consultation with Beyond Border for viability assessment and strategic planning.

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Fragomen

Corporate Restructuring Documentation

Fragomen handles EB-1C cases where multinational corporations restructure foreign operations, understanding how to document strategic business decisions that reduce foreign entity size while maintaining qualifying relationships. They position declining metrics as deliberate restructuring rather than business failure by gathering corporate board resolutions, strategic planning documents, and executive communications explaining downsizing decisions within broader business strategy contexts. Fragomen's experience with large corporate clients means they understand how global companies consolidate operations, eliminate unprofitable divisions, or shift resources geographically while maintaining legal entity structures and qualifying relationships required for employee immigration benefits.

EB-1C petitions cost $16,000 to $28,000, with Fragomen's systematic documentation approach working well when corporate restructuring has clear strategic rationale that explains foreign entity decline within broader business transformation narratives.

Berry Appleman & Leiden
Financial Analysis and Viability Proof

BAL brings analytical rigor to EB-1C cases with declining foreign entities by documenting financial viability despite reduced operations through detailed financial analysis showing profitability, positive cash flow, or sustainable operations at reduced scale. Their platform helps organize complex financial documentation including multi-year financial statements, tax returns, bank statements, and operational budgets that demonstrate the foreign entity remains a going concern capable of maintaining the qualifying relationship. BAL's attorneys provide strategic guidance on positioning declining metrics within industry context, using market analysis and competitive benchmarking to show that foreign entity performance reflects broader industry challenges rather than unique business failures.

EB-1C petitions cost $15,000 to $26,000, with BAL's data-driven approach effectively documenting continued viability through comprehensive financial evidence and strategic business contextualization.

Klasko Immigration Law Partners
Sophisticated Viability Arguments

Klasko handles challenging EB-1C cases where foreign entity decline appears severe but strategic legal arguments can demonstrate continued viability and qualifying relationship maintenance. Their attorneys craft detailed legal briefs explaining that EB-1C regulations require operational foreign entities maintaining qualifying relationships but don't mandate specific revenue levels, employee counts, or growth trajectories. Klasko positions declining foreign entities as viable businesses undergoing strategic transformation, market adaptation, or resource reallocation that reduce scale without eliminating qualifying relationships or operational capacity necessary for continued immigration benefit eligibility.

EB-1C petitions cost $20,000 to $35,000, with Klasko's premium service including sophisticated legal argumentation that can salvage cases where foreign entity decline initially appears disqualifying but proper legal analysis demonstrates continued eligibility.

Murthy Law Firm
Practical Viability Documentation

Murthy provides guidance on documenting foreign entity viability despite declining metrics, explaining what evidence demonstrates continued operations and qualifying relationship maintenance. They advise clients on gathering ongoing contract evidence, active customer documentation, sustained facility operations proof, and continued employee retention records that collectively demonstrate the foreign entity remains operational despite reduced scale. Murthy's practical approach acknowledges that many small to mid-sized foreign entities fluctuate in size without losing viability or qualifying relationship status.

EB-1C petitions cost $16,000 to $27,000, with solid execution documenting continued viability through comprehensive operational evidence proving the foreign entity functions as a going concern maintaining qualifying relationships.

Addressing Decline Concerns
Strategic Narrative Development

Strong EB-1C cases with declining foreign entities require strategic narratives explaining business changes as deliberate restructuring, market adaptation, or strategic focus shifts rather than uncontrolled failure. Beyond Border crafts compelling stories supported by documentary evidence showing management made conscious decisions to reduce foreign operations while expanding US presence, positioning decline as part of successful international expansion strategy rather than business distress requiring USCIS skepticism about qualifying relationship sustainability.

Continued Operations Proof

Ongoing operational evidence including active contracts, current customers, maintained facilities, sustained employees, and regular business activities proves foreign entities remain viable despite reduced scale. Beyond Border gathers comprehensive documentation showing the foreign company continues functioning as a going concern conducting business operations sufficient to maintain qualifying relationships even if reduced compared to peak performance periods.

FAQs
1.Does foreign entity decline disqualify EB-1C?

No, foreign entity decline doesn't automatically disqualify EB-1C petitions, but requires documentation proving the foreign company remains viable, operational, and maintains the qualifying relationship despite reduced revenue, staff, or operations through strategic positioning and comprehensive evidence.

2.What proves foreign entity viability for EB-1C?

Foreign entity viability proof includes ongoing contracts, active customers, sustained operations, maintained facilities, continued employees, positive cash flow or profitability, strategic business plans, and documentation showing the company functions as a going concern despite reduced scale.

3.Can I file EB-1C if foreign company is losing money?

Yes, EB-1C filing remains possible with unprofitable foreign entities when documentation proves continued operations, sustainable business models, strategic rationale for losses, recovery plans, and maintained qualifying relationships showing the foreign company remains operational despite temporary financial challenges.

4.How does USCIS evaluate declining foreign entities?

USCIS evaluation examines whether foreign entities remain operational going concerns maintaining qualifying relationships, not specific revenue or growth requirements, so declining metrics don't automatically disqualify cases when proper evidence proves continued viability and relationship maintenance.

5.Should I wait until foreign entity recovers?

Not necessarily—immediate filing may be strategic if decline reflects temporary issues or strategic restructuring, while waiting risks status complications, though cases should include recovery plans, stabilization evidence, and strategic narratives explaining current performance within broader business context.

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