Can startup founders qualify for EB-1C green cards? Learn requirements for multinational executives, small company considerations, and qualification strategies.
Many startup founders qualify for EB-1C despite misconceptions that this green card category only applies to large corporate executives. The EB-1C classification is designed for multinational executives and managers, but "multinational" doesn't mean Fortune 500. It simply means operating businesses in multiple countries with qualifying relationships between entities. Even a small company with offices in two countries can be "multinational" for immigration purposes if structured correctly at USCIS.
The key to EB-1C as a founder involves establishing proper corporate relationships between your foreign and US operations. If you founded a company in your home country, grew it to reasonable scale, then opened a US subsidiary or branch, you've created a multinational structure. As long as you worked as an executive or manager abroad for one year before transferring to the US, and you continue working in executive or managerial capacity in America, you meet the fundamental EB-1C requirements.
The challenge for founders isn't usually the qualifying relationship - that's straightforward when you own both entities. The harder part is proving genuine executive or managerial capacity in small companies. USCIS scrutinizes small business EB-1C cases carefully because they worry about founders who are really owner-operators doing everything themselves rather than true executives directing subordinates. You need to demonstrate that you actually function as an executive managing the business, not as a technical contributor or individual performer who happens to own the company.
Wondering if you qualify for EB-1C as a startup founder? Beyond Border evaluates your business structure and role to assess eligibility.
Creating the multinational executive startup structure requires establishing proper qualifying relationships between your foreign and US entities. Most founders choose parent-subsidiary relationships where the foreign company owns the US company. This structure is clean, well-understood by USCIS, and easy to document. Your foreign company holds shares in your US corporation, creating the parent-subsidiary relationship that qualifies for EB-1C purposes.
The ownership percentage doesn't need to be 100%. Your foreign company can own any percentage that demonstrates control and common ownership. However, higher ownership percentages create clearer qualifying relationships. If your foreign company owns 80% of the US entity, the relationship is obvious. If foreign ownership is only 20% with venture capital owning the rest, the relationship becomes murkier and requires more explanation. Aim for your foreign company maintaining at least 51% ownership if possible to ensure clear majority control.
Alternative structures like affiliates or sister companies can work but add complexity. Affiliate relationships exist when a common parent owns both the foreign and US companies. Sister companies share common ownership by the same individuals or parent. These structures require more documentation proving the relationships exist and justify the multinational executive classification. For most founders, the straightforward parent-subsidiary structure is simplest and least likely to create immigration complications during EB-1C processing.
Need help structuring your companies for EB-1C eligibility? Beyond Border advises on optimal corporate structures for green card purposes.
The good news for small companies is that EB-1C for small companies is definitely possible. USCIS doesn't specify minimum employee counts or revenue thresholds. Immigration regulations simply require that you work as executive or manager for qualifying multinational operations. Small businesses can meet these requirements if structured and presented correctly. Many EB-1C approvals go to founders of companies with fewer than 20 employees.
However, smaller companies face higher scrutiny. With a 5-person company, immigration officers question whether genuine executive or managerial roles exist or whether founders are just doing technical work themselves. You need to prove that even in a small company, you function as an executive directing the business rather than as an individual contributor. This requires evidence of subordinate employees you supervise, business functions you direct, and strategic decisions you make.
Your foreign company needs to be substantial and operational. If your foreign company is a shell entity with no real business operations, USCIS won't approve EB-1C. The multinational executive classification assumes you're transferring from genuine foreign operations to manage genuine US operations. Both entities must be real businesses with employees, revenue, and actual commercial activity. Document the size and substance of both companies clearly in your EB-1C petition through financial statements, employee lists, customer contracts, and operational evidence.
Concerned your company is too small for EB-1C? Beyond Border evaluates whether your business scale supports multinational executive classification.
Proving founder EB-1C eligibility requires demonstrating true executive or managerial capacity at both your foreign and US entities. Executive capacity means you direct the management of the organization or a major component. You make major decisions about the company's direction, goals, and policies. You have authority over daily operations and don't primarily perform tasks that staff-level employees could do. Managerial capacity means you manage the organization, a department, function, or subordinate professional employees.
For founders, the challenge is proving you're not just wearing multiple hats but truly functioning in executive capacity. Yes, founders often write code, make sales calls, and handle many tactical tasks in early stages. But for EB-1C purposes, you need to emphasize your executive functions. Describe how you set company strategy, make hiring decisions, secure funding, manage budgets, oversee department heads, and direct business operations. Downplay or delegate tactical work to subordinates as much as possible before filing EB-1C.
Organizational charts prove executive capacity effectively. Show yourself at the top with direct reports below you. Those reports should have their own teams if possible, demonstrating hierarchical structure with you at executive level. Include job descriptions for yourself and key reports emphasizing managerial and strategic responsibilities. Letters from board members, investors, or advisors confirming your executive role strengthen your case. The goal is making it obvious to immigration officers that you function as a true executive, not as a technical founder who happens to own the company.
Need help documenting your executive role for EB-1C? Beyond Border prepares evidence packages emphasizing executive capacity.
The small business EB-1C requirements include the one-year foreign work requirement that trips up some founders. You must have worked for your foreign company in managerial or executive capacity for at least one continuous year within the three years before filing your EB-1C petition. If you founded your company and immediately moved to the US to open your subsidiary, you don't meet this requirement. You need to build your foreign operations first, work there in executive capacity for a year, then transfer to the US to establish or manage the American operations.
This timing requirement actually helps ensure genuine multinational operations exist. If you worked abroad for one year building your company before expanding to America, you've demonstrated real business operations and executive experience. The requirement filters out individuals trying to use EB-1C simply to immigrate without building genuine multinational businesses. For legitimate founders expanding successful businesses internationally, the one-year requirement shouldn't pose problems as long as you time your US expansion appropriately.
The one year doesn't need to be immediately before filing. It can occur within the three years before your EB-1C application. So if you worked as executive for your foreign company for two years, then spent six months in the US on tourist visa setting up your subsidiary, you can still file EB-1C within three years of when you stopped working for the foreign entity. This flexibility helps founders who need time to establish US operations before formally transferring to executive roles in America.
Planning timeline for EB-1C qualification? Beyond Border helps you structure expansion timing to meet requirements.
For EB-1C approval, your US operations must demonstrate substantial business activity and financial health. USCIS doesn't want to approve green cards for token US offices that exist primarily for immigration purposes. Your entrepreneur EB-1C path requires proving your US entity conducts real business with employees, revenue, and growth. The bar is higher than for initial L-1A new office petitions because green card applications receive more scrutiny than temporary visa renewals.
Document your US operations' success through financial statements showing reasonable revenue and growth trajectory. You don't need to be profitable but you must demonstrate viable business operations, not struggling ventures on life support. Show employee growth over time - if you started with just yourself and now employ 5-10 people, that demonstrates expansion. Provide customer testimonials, contracts, or case studies proving real commercial activity. The stronger your US business performance, the better your EB-1C approval chances.
If your US operations are struggling, consider waiting to file EB-1C until performance improves. You can remain on L-1A status for up to seven years, giving you time to build substantial operations. Filing EB-1C when your US company is barely operating increases denial risk. Be strategic about timing - file when you can present compelling evidence of successful US expansion rather than rushing to file EB-1C immediately after your first year. Patience often leads to better outcomes than premature applications based on minimal evidence.
Wondering if your US operations are ready for EB-1C? Beyond Border evaluates business performance and advises on optimal filing timing.
Can startup founders get EB-1C green cards? Yes, startup founders qualify for EB-1C by establishing multinational operations between foreign and US companies and demonstrating executive or managerial capacity at both entities.
What is the minimum company size for EB-1C? No minimum size exists, but companies should have enough employees to demonstrate genuine executive or managerial roles rather than owner-operator situations where founder does all work.
How long must I operate abroad before EB-1C? You must work for your foreign company in executive or managerial capacity for at least one continuous year within the three years before filing EB-1C petition.
Does my US company need to be profitable for EB-1C? Profitability isn't required, but USCIS needs to see substantial, viable business operations with employees, revenue, and realistic prospects for continued growth.
