Learn if you can get EB-1C with fewer than 10 employees. Small company requirements, evidence strategies, and approval paths for lean organizations.
Companies with EB-1C fewer than 10 employees absolutely can qualify for multinational executive green cards, but they face additional scrutiny from USCIS. Immigration regulations don't specify minimum employee counts. The law simply requires that you work in executive or managerial capacity for qualifying multinational entities. However, immigration officers naturally question whether genuine executive roles exist in very small companies where everyone likely wears multiple hats and does hands-on operational work.
The core challenge is proving you're not just an owner-operator who happens to have a fancy title. In a three-person company where you're doing sales, customer service, and bookkeeping alongside two employees, it's hard to argue you're functioning as a true executive directing the management of the organization. You're clearly doing operational work that staff-level employees would normally handle. USCIS wants to see that your primary function is executive management, not that you occasionally manage in addition to performing most of the actual work.
However, small companies structured correctly can demonstrate executive capacity. Perhaps your company has seven employees, but they include a sales manager supervising two salespeople, an operations manager overseeing two operational staff, and a finance person who reports to you. In this structure, you're directing the work of two managers who supervise their own teams. That's genuine executive capacity despite the small total headcount. The organizational structure and reporting relationships matter more than absolute employee numbers for small company EB-1C approval.
Worried your company is too small for EB-1C? Beyond Border evaluates whether your structure supports multinational executive classification.
The key to lean startup EB-1C success involves creating hierarchical organizational structures even with limited headcount. Instead of having all employees report directly to you, build at least one management layer. Promote your most senior people to manager or director roles with supervisory responsibilities over other staff. This creates the organizational depth that supports executive capacity claims. You become an executive directing managers who direct workers, rather than a supervisor overseeing individual contributors at USCIS.
For example, a company with eight employees might structure as CEO (you) with three direct reports: VP of Sales, Director of Operations, and Controller. The VP of Sales supervises two account executives. The Director of Operations oversees two operations coordinators. The Controller manages one staff accountant. This structure shows you supervising three managerial/professional employees who themselves have subordinates or handle professional functions. That demonstrates executive capacity despite only eight total employees.
The titles matter less than the actual duties and reporting relationships. Don't just rename people as managers without giving them actual supervisory responsibilities. USCIS reviews job descriptions, not just org charts. If your "VP of Sales" doesn't actually supervise anyone and primarily makes sales calls himself, the title is meaningless. Structure actual supervisory relationships where your direct reports genuinely manage other people or essential functions. This substance matters far more than superficial organizational charts with impressive titles at USCIS.
Need help restructuring your organization for EB-1C eligibility? Beyond Border advises on creating qualifying hierarchical structures in small companies.
The level of your subordinate employees significantly affects small team executive capacity determinations. Supervising professional staff strengthens your executive or managerial capacity claims compared to supervising entry-level workers. If your five employees include two MBA-educated managers, an experienced engineer, and two skilled analysts, that's a professional team where managerial capacity clearly exists. If your five employees are administrative assistants, receptionists, and data entry clerks, the professional level doesn't support executive capacity claims at USCIS.
Focus on hiring professional-level employees before filing EB-1C if you're running a small company. Instead of two junior assistants, hire one senior manager who can handle multiple functions. Instead of entry-level coordinators, hire experienced professionals with technical expertise. The salary levels of your staff also matter - if everyone makes $30,000-$40,000 annually, that suggests junior staff. If your team members earn $60,000-$100,000+, that indicates professional-level employees requiring genuine management oversight.
Document the professional credentials of your team. Include their resumes, educational backgrounds, and relevant experience in your EB-1C petition. If your direct reports hold advanced degrees, professional certifications, or significant industry experience, highlight this. Immigration officers evaluate whether your supervision of these individuals constitutes genuine managerial or executive capacity. Supervising highly qualified professionals who could work independently but report to you for strategic direction supports executive capacity better than supervising unskilled workers who require constant direct oversight at USCIS.
Struggling to demonstrate sufficient organizational depth? Beyond Border helps you position your team structure to support EB-1C eligibility.
For very small companies, the functional manager provision offers an alternative path to EB-1C minimum employees qualifications. Managerial capacity includes managing an essential function of the organization, not just supervising staff. If you manage a critical business function even without subordinate employees, you might qualify. This provision helps highly specialized small companies where the executive manages essential operations like R&D, finance, or business development without large teams at USCIS.
To qualify as a functional manager, you must manage a function that's essential to the organization's operations. The function must be at a senior level within the organizational hierarchy. You need discretionary authority over the function's operations. For example, if you're the CFO of a small company handling all financial management, planning, and analysis - and these functions are critical to business operations - you might qualify as a functional manager even if you don't supervise a finance team.
However, functional manager claims face high scrutiny. USCIS wants to ensure you're managing the function at an executive level, not just performing the work of that function. If you're the only finance person and you spend your time processing invoices and reconciling accounts, you're not managing the finance function - you're doing finance work. But if you develop financial strategy, manage relationships with banks and investors, oversee budgeting and forecasting, and make high-level financial decisions, that's managing the finance function at an executive level even without subordinates.
Considering functional manager classification? Beyond Border evaluates whether your role qualifies and helps build supporting evidence.
When working with EB-1C company size requirements limitations, shift emphasis from employee count to business operations and financial performance. A company with eight employees generating $5 million in annual revenue demonstrates substantial operations. A company with eight employees managing complex operations across multiple locations or markets shows significant scope. Revenue, customers, contracts, and operational complexity all support the argument that genuine executive capacity exists despite small headcount at USCIS.
Document your business metrics extensively. Show customer lists, major contracts, revenue growth, market presence, and operational complexity. If your small team manages sophisticated operations - perhaps complex software serving Fortune 500 clients, or international supply chains, or high-value consulting projects - this demonstrates why executive management is necessary despite limited headcount. The sophistication and scale of operations can justify executive roles even in lean organizations.
Financial health proves business viability. Strong revenue, healthy profit margins, and solid cash flow demonstrate your company is a real operation, not a marginal business barely surviving. USCIS worries that tiny struggling companies might be immigration vehicles rather than genuine businesses. Showing strong financial performance, growth trajectory, and substantial operations alleviates these concerns. Include financial statements, tax returns, and bank statements showing robust business activity supporting the need for executive management.
Need help emphasizing business substance over size? Beyond Border presents small company cases focusing on operational strength and financial viability.
If your company currently has fewer than 10 employees and you're worried about EB-1C fewer than 10 employees challenges, consider strategic timing of your filing. You can remain on L-1A status for up to seven years total. Don't rush to file EB-1C immediately after your first year if your US operations are still tiny. Give yourself time to build up your team, grow revenue, and establish more robust operations. A filing delay of 1-2 years might significantly strengthen your case by allowing additional hiring and growth.
Use your L-1A period strategically to structure your organization optimally for EB-1C. Hire managers rather than just individual contributors. Create supervisory relationships and hierarchical structure. Build professional-level teams. Develop substantial business operations. When you file EB-1C from a position of strength - with clear organizational depth, professional staff, strong financials - you maximize approval chances regardless of whether you have 8 employees or 20 at USCIS.
However, don't wait too long. Remember you need to file within three years of your qualifying foreign employment period ending. If you transferred to the US after one year abroad, you have roughly four years total (three year lookback plus your one foreign year) to establish US operations and file EB-1C. Use that time wisely to build the strongest possible case, but don't let the window close. Strategic timing means filing when your operations are strong enough to support approval while still within eligibility periods.
Planning optimal EB-1C filing timing? Beyond Border advises on when your company profile will be strongest for green card applications.
What is the minimum number of employees for EB-1C? No official minimum exists, but companies typically need at least 3-5 employees beyond the beneficiary to demonstrate genuine executive capacity, depending on organizational structure and roles.
Can a 5-person company qualify for EB-1C? Yes, if structured with hierarchical management, professional-level staff, and clear executive duties, though such cases require especially strong documentation of executive capacity.
Does USCIS have employee minimums for EB-1C approval? No, USCIS regulations don't specify minimum employee counts, but smaller companies face greater scrutiny to prove genuine executive or managerial roles exist.
How can I strengthen EB-1C with a small team? Create hierarchical structure with management layers, hire professional-level staff, document sophisticated business operations, and emphasize financial strength and business complexity over headcount.
