What If My U.S. Company Has Only Been Operating for 18 Months in San Francisco?

USCIS permits EB-1C petitions for newer U.S. operations, but the petition must demonstrate that the U.S. entity has grown beyond the 'new office' stage and now employs sufficient staff and generates adequate revenue to support an executive or managerial role. In San Francisco, where many multinational tech and finance companies establish subsidiaries, we document organizational growth through payroll records, lease agreements, client contracts, and financial statements showing the U.S. operation has reached operational maturity. A company operating for 18 months typically qualifies if it employs at least 3–5 subordinate staff and the manager's role involves genuine supervision rather than hands-on task execution.

What If I Have Been Working Remotely From San Francisco for My Foreign Employer?

Remote work from the U.S. while employed by a foreign entity does not satisfy the physical presence requirement for EB-1C eligibility. USCIS requires that your one year of foreign employment occurred outside the United States — physically working from the foreign office location. If you have been working remotely from San Francisco for your foreign employer, that time does not count toward the required one year abroad within the past three years. You must either return to the foreign location to accumulate qualifying time or explore alternative visa categories.

What If USCIS Questions Whether My Role Is Truly Managerial in San Francisco?

USCIS frequently issues RFEs questioning whether a role qualifies as 'managerial' under 8 CFR 204.5(j)(2), particularly when the U.S. entity is small or the manager performs some operational tasks. In San Francisco EB-1C cases, we respond by clarifying that managers may perform some non-managerial tasks if those tasks are incidental and the primary function involves supervising professional staff, managing an essential function, or exercising discretionary authority over daily operations. We submit detailed organizational charts, subordinate job descriptions, and declarations showing decision-making authority to establish managerial capacity.

What If My Foreign Company and U.S. Company Have Different Ownership Structures?

The EB-1C category requires a qualifying relationship between the foreign and U.S. entities — parent-subsidiary, branch office, or affiliate relationship — established through ownership and control. If the ownership structures differ (e.g., individual ownership abroad vs. corporate ownership in San Francisco), we analyze the ultimate beneficial ownership to demonstrate the qualifying relationship. Complex ownership arrangements involving holding companies, joint ventures, or private equity structures require detailed corporate documentation, including stock certificates, operating agreements, and ownership charts.