What If My Portland Company Was Only Established Six Months Ago — Can I Still File an EB-1C?

Yes, but the U.S. company must have been doing business for at least one year before the EB-1C petition is filed — this is a statutory requirement under INA 203(b)(1)(C). If your Portland office opened six months ago, you would need to wait another six months before filing, during which time the U.S. entity must demonstrate it is actively engaged in the regular, systematic provision of goods or services (not merely maintaining an office). Many executives use L-1A status during this initial year, then transition to EB-1C once the one-year requirement is satisfied. We calculate your earliest filing date during the initial consultation and advise on interim visa options if needed.

What If I Was Transferred to Portland on an L-1A Visa — Do I Need to Start Over for EB-1C?

No — the EB-1C and L-1A visa categories have nearly identical eligibility requirements for managerial capacity and qualifying relationship, so most L-1A beneficiaries qualify for EB-1C without additional evidence. The primary difference is that EB-1C provides permanent residency (a green card) while L-1A is a temporary nonimmigrant visa. If you are already in Portland on L-1A status, filing an EB-1C petition allows you to remain in the U.S. while transitioning to permanent resident status, and many of the same organizational and employment documents used in your L-1A approval can be updated and resubmitted for the I-140. We handle this transition regularly for Portland executives.

What If My Foreign Employment Was Interrupted by a Brief Assignment in a Third Country — Does That Disqualify Me?

Not necessarily — USCIS requires one year of continuous employment abroad within the three years preceding your U.S. entry, but brief assignments, business travel, or temporary projects in third countries typically do not break continuity as long as you remained employed by the same qualifying organization. The key issue is whether your primary employment remained with the foreign entity and whether any third-country work was part of that same employment relationship. For example, a six-week project in Singapore while employed by your company's Tokyo office would not disqualify you. We review your complete employment history during the Portland consultation to determine whether any international assignments affect your EB-1C eligibility.

What If USCIS Issues a Request for Evidence on My Portland EB-1C Petition — What Happens Next?

A Request for Evidence (RFE) means USCIS needs additional documentation or clarification before approving the I-140 petition — it is not a denial, and most RFEs are successfully overcome with a complete response. Common EB-1C RFE topics include requests for more detailed organizational charts, evidence of qualifying relationship between the foreign and U.S. entities, or additional proof that your role is truly managerial rather than operational. You have a fixed deadline (typically 87 days) to respond with the requested evidence. Law office of Peter Darwin Chu prepares comprehensive RFE responses for Portland clients, drafting supplemental legal briefs, compiling additional supporting documents, and directly addressing each USCIS concern raised in the notice.