What If My Los Altos Employer Is a Startup Without an Established Foreign Office?

The EB-1C visa requires that your U.S. employer have a qualifying relationship with a foreign entity where you worked for at least one year in the three years preceding your transfer. If your Los Altos employer is a newly formed startup, it must be a subsidiary, parent, branch, or affiliate of the foreign company where you were employed — not an entirely new entity with separate ownership. USCIS requires documentary proof of this relationship through stock ownership records, corporate formation documents, and financial statements. If the qualifying relationship does not exist, the EB-1C category is not available, and we would advise alternative visa options such as the EB-1A extraordinary ability category or the EB-2 NIW if you qualify.

What If I Was Laid Off While My EB-1C Petition Is Pending in Los Altos?

If your employment terminates while your I-140 petition is pending, USCIS regulations require the petitioning employer to withdraw the petition, as continued employment is a condition of EB-1C eligibility. However, if your I-140 was already approved before termination, the approval remains valid — but you will need a new employer to file a new I-140 or port your priority date to a new petition under AC21 portability rules if you were adjusting status and had an I-485 pending for 180 days or more. Los Altos clients facing layoffs during the petition process should consult with us immediately to evaluate whether alternative visa categories or emergency filings can preserve your immigration status.

What If USCIS Issues an RFE on My Los Altos EB-1C Case?

Requests for Evidence (RFEs) are common in EB-1C petitions and typically request additional documentation to prove managerial capacity, the qualifying relationship, or the U.S. employer's ability to pay. The California Service Center, which adjudicates Los Altos-based petitions, frequently issues RFEs questioning whether the beneficiary's duties are truly managerial or whether the U.S. operation has sufficient staff to relieve the beneficiary from performing non-managerial tasks. We respond to RFEs by submitting supplemental evidence — updated organizational charts, detailed duty breakdowns, payroll records, and affidavits from executives — and a legal brief citing applicable case law and agency policy memoranda. Responding within the deadline (typically 84 days) is critical, as failure to respond results in automatic denial.

What If My Los Altos Company Wants to Transfer Multiple Managers from Abroad?

If your Los Altos employer is transferring multiple managers or executives under the EB-1C category, each individual requires a separate I-140 petition with evidence specific to their role, duties, and qualifying foreign employment. However, evidence of the corporate qualifying relationship — such as stock certificates, incorporation documents, and financial statements — can be shared across petitions if filed for the same petitioner and foreign entity. We often prepare multiple EB-1C petitions simultaneously for Los Altos clients undergoing large-scale transfers, ensuring consistency across organizational charts and duty descriptions to avoid conflicting representations that could trigger RFEs or denials.