What If My Carson Company Has Only Been Operating in the U.S. for Six Months — Can We File an EB-1C Petition?

Yes, under specific conditions. The U.S. entity must have been doing business for at least one year before filing the EB-1C petition under 8 CFR 204.5(j)(3)(i)(D). However, if your Carson company is a new office, you may be eligible for L-1A new office classification first, which allows one year of initial admission to establish the U.S. operation, followed by EB-1C filing once the one-year doing business requirement is met. The foreign entity must still have employed the beneficiary abroad in a managerial or executive capacity for one continuous year within the three years preceding the L-1A filing. We assess new office eligibility during the initial consultation and advise on the appropriate filing sequence.

What If the Beneficiary's Foreign Employment Was Interrupted by Short U.S. Business Trips — Does That Disqualify the One-Year Requirement?

Not necessarily. The one-year foreign employment requirement under INA 203(b)(1)(C) is calculated as one year of continuous employment within the three years immediately preceding the beneficiary's entry to the U.S. as a nonimmigrant — or, if already in the U.S., within the three years preceding the EB-1C petition filing. Brief business trips to the U.S. during the foreign employment period generally do not break continuity if the beneficiary maintained their foreign position and the trips were temporary. USCIS examines the totality of the employment relationship, including whether the beneficiary remained on the foreign entity's payroll, retained foreign residence, and returned abroad after each U.S. visit. We document these trips with entry/exit records and employer letters to demonstrate continuity for Carson-based EB-1C petitions.

What If USCIS Questions Whether My Role in Carson Is Truly 'Managerial' — How Is That Determined?

USCIS applies the regulatory definition of 'managerial capacity' under 8 CFR 204.5(j)(2), which requires that the position primarily involves managing the organization, a department, or a function, and that the beneficiary supervises and controls the work of professional employees or manages an essential function. A common EB-1C denial reason is that the beneficiary performs the job duties themselves rather than managing others who perform those duties. In Carson, where many companies operate lean U.S. offices, we document managerial capacity by demonstrating supervisory authority, discretionary decision-making over significant operational matters, and that any first-line supervision is of professional-level staff — not clerical or support workers. Organizational charts, position descriptions, and reporting structure documentation are critical evidence.

What If the U.S. Carson Entity and Foreign Entity Are Related Through Ownership, But Not Parent-Subsidiary — Does That Qualify?

Yes, if the relationship meets the affiliate definition under 8 CFR 204.5(j)(2). A qualifying relationship exists when both entities are owned and controlled by the same parent, by the same individuals in approximately the same proportions, or when one entity controls the other through ownership or contractual arrangement. The 'qualifying relationship' must have existed during the beneficiary's one year of foreign employment and must continue to exist at the time of EB-1C filing and adjudication. We establish this relationship through ownership documentation, corporate formation documents, shareholder agreements, and organizational structure charts that demonstrate the 51% or greater common ownership or control required for affiliate classification in Carson EB-1C petitions.