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

Yes, but the evidentiary standard is significantly higher for new offices. Under 8 CFR 204.5(j)(3)(i)(D), a U.S. entity that has been doing business for less than one year must demonstrate that it has the physical premises to house the new operation and the financial ability to compensate the beneficiary and commence doing business in the United States. Law office of Peter Darwin Chu prepares new office EB-1C petitions with comprehensive business plans, lease agreements, capitalization documentation, and first-year financial projections. These petitions are initially approved for one year of conditional status, requiring a subsequent petition to remove conditions once the U.S. office has been operational for 12 months. Orange startups and foreign companies establishing California subsidiaries should consult an EB-1C attorney before the intended manager enters the U.S. to ensure compliance with the new office requirements.

What If the USCIS Questions Whether My Role in Orange Is Truly Managerial?

USCIS frequently issues RFEs challenging whether the beneficiary's U.S. role involves primarily managerial duties or whether the position is operational in nature — particularly for smaller Orange employers with limited staff. The regulations define a manager as someone who primarily manages the organization, a department, or a function, and supervises professional employees or manages an essential function. Law office of Peter Darwin Chu responds with organizational charts showing reporting structure, detailed position descriptions for subordinate employees (including their education and duties), and evidence that the beneficiary's time is spent on managerial tasks such as strategic planning, budget oversight, and personnel decisions rather than day-to-day production work. For functional managers who do not supervise staff, we document that the function managed is essential to the organization and that the beneficiary exercises discretion over it.

What If My EB-1C Multinational Manager Visa Orange Petition Is Denied — What Are My Options?

A denied EB-1C petition can be appealed to the USCIS Administrative Appeals Office (AAO) within 30 calendar days of the denial notice, or the petitioner may file a motion to reopen or reconsider if new evidence is available or the denial was based on a legal error. Law office of Peter Darwin Chu evaluates every denial notice to determine whether appeal or motion is the stronger path — appeals are often appropriate when USCIS misapplied the law or failed to consider submitted evidence, while motions to reopen are better suited for cases where additional documentation can now be provided. Alternatively, if the beneficiary remains in valid L-1A status, the employer may refile the EB-1C petition with strengthened evidence after addressing the deficiencies noted in the denial. Orange employers should consult an immigration attorney immediately upon receiving a denial to preserve all filing deadlines and strategic options.