What If My Livermore Company's Foreign Affiliate Was Only Established Two Years Ago?

USCIS requires that both the U.S. and foreign entities have been doing business for at least one year before the I-140 petition is filed. If your foreign affiliate is only two years old and your U.S. Livermore office is newer, you meet this threshold as long as both entities were operational for the required period. The real scrutiny falls on proving the qualifying relationship — ownership structure, common control, and whether the entities function as parent-subsidiary, branch, or affiliate under INA definitions. We document this with corporate formation records, stock certificates, financial statements, and organizational charts specific to your business structure.

What If the EB-1C Beneficiary Has Been Working Remotely for the Foreign Entity While Living in Livermore?

Remote work for the foreign entity while physically present in the United States can complicate the 'one continuous year abroad' requirement. USCIS interprets 'abroad' as physical presence outside the U.S., not simply working for a foreign employer. If your transferred executive was living in Livermore on a different visa status while working remotely for the overseas office, that time may not count toward the one-year requirement unless they were also maintaining regular physical presence at the foreign location. This is a common issue for L-1A to EB-1C transitions and requires detailed travel records and employment verification.

What If Our Livermore Company Wants to Transfer Multiple Managers Under EB-1C — Can We File Together?

Each EB-1C beneficiary requires a separate Form I-140 petition, as the classification evaluates individual managerial or executive capacity, not group transfers. However, if your Livermore business is transferring multiple executives from the same foreign affiliate, we can structure petitions to demonstrate organizational hierarchy and avoid overlap in claimed managerial duties. Filing multiple petitions simultaneously requires careful documentation that each role is genuinely managerial, supervises distinct teams, and is not duplicative.

What If USCIS Questions Whether the Livermore Position Is Truly 'Managerial' Under EB-1C Standards?

Managerial capacity under INA Section 101(a)(44) requires that the employee manage the organization, a department, or a function — and primarily supervise professional employees or manage an essential function. A common denial reason is that the role involves too many non-managerial duties or supervises only entry-level workers. For Livermore employers, we draft detailed position descriptions showing how the role meets at least one managerial definition, backed by organizational charts showing reporting structure and job descriptions of supervised employees demonstrating their professional-level duties.