EB-1C Employed Abroad Requirement
To fulfill the first requirement, the applicant must be
- Employed outside the U.S. for at least 1 out of the 3 years immediately before filing the petition. This company must be still running during the petition.
- This past employment must have a Qualifying Relationship with the intended U.S. employer.
- Intended U.S. company must have been doing business for at least one year.
Requirements to show a Qualifying Relationship:
- Common Ownership: One company must have a legal right of possession and full power over the other business entity.
- Effective Control: One company must have the right and authority to direct the management and operations of the other business entity.
- Multinational Organization: The two companies must conduct business in two or more countries, one of which is the United States.
- A Branch, Parent, Subsidiary, or Affiliate of the foreign company.
A branch is operating division or office of the same company in a different location.
A parent are companies that own majority stock and therefore have control over another company, which then becomes a subsidiary. Either the U.S. Company or Foreign Company can be the parent and the other the subsidiary.
A subsidiary is a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and therefore has control of; or, owns directly or indirectly half of the entity and controls the entity; or owns 50% of a 50/50 joint venture and has equal control and veto power over the entity as the other half of ownership; or, owns less than half of the entity, but in fact controls the entity.
An affiliate is an entity owned and controlled by the same group of individuals who own about the same shares of each entity can be considered affiliates. Example: Group A owns 51% of both Company X and Company Y shares. Therefore, Company X and Company Y are affiliates.
- However, if it is an accounting firm:
- Separate partnerships that are internationally considered affiliates can also fulfill this requirement.
- Entities that market under the same name can be considered affiliates.
Doing Business for At Least 1 Year
If the intended company is a new office, and the applicant is being sent over to open said office, then proof of ownership, control, and financial ability should be established.
What does not count:
- Does not include the mere presence of an agent or office.
- Business may not be prospective for start-up operations and new offices.
To prove Doing Business, some of the evidence may include, but is not limited to:
A statement from an authorized official of your organization which indicates that you have been doing business for at least one year.
Documents to show you were doing business for at least one year before you filed the petition, and continue to do business. Evidence may include, but is not limited to, documents showing you:
- Legally formed your organization and it is currently authorized to do business, such as copies of your:
- Articles of incorporation
- Operating agreement
- Partnership agreement
- Local business license; and/or
- Certificate of good standing
- Acquired and retain the necessary facilities, equipment, and staff to do business, such as copies of:
- Leases for business premises
- Purchase agreements
- Your federal income tax returns
- Your Form 941, Employer’s Quarterly Federal Tax Returns; and/or
- Payroll records
- Regularly and systematically provide goods or services, such as copies of your:
- Sales contracts
- Import/ export license; and/or
- Contracts or agreements with shipping and receiving companies.