What If My U.S. Entity Has Only Been Operating for Six Months — Can I Still File EB-1C in Detroit?

Yes, but the petition faces heightened scrutiny. USCIS requires the U.S. entity to have been doing business for at least one year before filing an EB-1C petition, meaning it must have been engaged in the regular, systematic, and continuous provision of goods or services. A Detroit startup that incorporated six months ago does not meet this threshold and the petition will be denied. However, if the U.S. entity is a branch or subsidiary of an established foreign company and has been operating under that structure for over a year, the petition may proceed. The one-year requirement is calculated from the date the U.S. entity began doing business, not the date of incorporation.

What If I Was a Manager Abroad But the U.S. Role Is Described as a 'Hybrid' Position in Detroit?

Hybrid roles that combine managerial duties with non-qualifying tasks create significant EB-1C risks. USCIS requires that the U.S. position be primarily managerial or executive — meaning more than 50% of duties involve supervision of professional staff, management of an essential function, or policy-setting authority. If your Detroit role includes substantial operational, technical, or administrative tasks, the petition may be denied for failing to meet the statutory definition under 8 CFR 204.5(j)(2). Petitions must demonstrate through organizational charts, job descriptions, and percentage-of-time breakdowns that non-qualifying duties are incidental, not central, to the role.

What If My Foreign Employer and U.S. Entity Don't Share the Same Name — Does That Affect My EB-1C Petition in Detroit?

Not necessarily, but the qualifying relationship must still be proven. EB-1C petitions require evidence that the U.S. and foreign entities are related as parent, subsidiary, branch, or affiliate — defined by ownership, control, or shared management. If the entities have different names, USCIS will scrutinize stock certificates, articles of incorporation, organizational documents, and financial records to establish the qualifying relationship. Detroit petitioners in this situation should include detailed corporate structure diagrams, ownership percentages, and evidence of shared decision-making authority to satisfy USCIS that the relationship meets 8 CFR 204.5(j)(2) standards.

What If I Receive an RFE While My EB-1C Petition Is Pending in Detroit — How Long Do I Have to Respond?

USCIS issues Requests for Evidence with a response deadline, typically 87 days from the date of the RFE notice. Failing to respond by the deadline results in automatic denial of the petition based on the evidence in the record as of the RFE issuance date. Detroit petitioners should begin compiling supplemental documentation immediately upon receiving an RFE, as the 87-day window includes time for drafting the response, obtaining additional evidence from the U.S. and foreign employers, and mailing the response to the service center. Extensions are rarely granted except in extraordinary circumstances, so prompt response preparation is critical.