What If My Foreign Employment Was With a Subsidiary That Is No Longer Operating — Can I Still File EB-1C in San Jose?

Yes, you can still qualify for EB-1C in San Jose if the foreign subsidiary closed after your one-year qualifying employment period was completed. USCIS requires that you worked abroad in a managerial or executive capacity for at least one continuous year within the three years immediately preceding your U.S. entry or filing date — the regulation does not require that the foreign entity remain operational at the time of filing. You must provide documentation proving the qualifying relationship existed during your employment period, including corporate registration records, consolidated financial statements, or ownership documents. The closing of the foreign entity does not disqualify you if the U.S. employer maintains the same qualifying relationship structure with the parent, branch, subsidiary, or affiliate that employed you abroad.

What If I Am Currently in the U.S. on an L-1A Visa — Do I Need to Leave to File EB-1C in San Jose?

No, you do not need to leave the United States to file an EB-1C petition if you are currently in valid L-1A status in San Jose. EB-1C and L-1A visa classifications share nearly identical qualifying criteria — both require managerial or executive capacity and a qualifying multinational relationship — meaning your existing L-1A approval serves as strong evidence of EB-1C eligibility. You can file Form I-140 while in the U.S., and if approved, immediately file Form I-485 Adjustment of Status without returning to your home country for consular processing. Many San Jose multinational managers use L-1A as a bridge to EB-1C permanent residence because the immigrant petition does not require labor certification and the visa bulletin is current for all countries.

What If USCIS Questions Whether My San Jose Position Is Truly Managerial Under EB-1C Standards?

If USCIS issues a Request for Evidence questioning whether your San Jose position qualifies as managerial or executive, the agency is typically concerned about whether you directly supervise professional employees or manage an essential function of the organization — not whether you perform day-to-day operational tasks. Under 8 CFR § 204.5(j)(2), a managerial role requires supervision of professional staff or a department, discretionary decision-making authority, and minimal supervision from higher-level executives. We respond to these RFEs with revised organizational charts, detailed affidavits from company officers, evidence of your budgetary authority, and supplemental job descriptions clarifying that any hands-on work is incidental to managerial duties. The key is demonstrating that your primary duty is management — not that you perform zero operational tasks.

What If My U.S. Company in San Jose Is a Startup With Fewer Than 10 Employees — Does That Disqualify Me From EB-1C?

No, there is no minimum employee count requirement for EB-1C eligibility in San Jose or anywhere else. USCIS evaluates whether the U.S. organization is sufficiently staffed to relieve you of performing non-managerial duties — not whether it meets an arbitrary headcount threshold. A San Jose startup with eight employees can support an EB-1C petition if those employees include professional staff you supervise or if you manage an essential function such as business development, engineering, or operations. We strengthen these petitions by documenting your decision-making authority, the organizational structure, and how your role fits the statutory definition of manager or executive rather than a first-line supervisor or specialist.