What If My Foreign Employment Was in Multiple Countries — Does That Affect My EB-1C Petition in Tustin?

The one-year foreign employment requirement under 8 CFR 204.5(j)(3)(i)(B) can be satisfied through employment in multiple countries, as long as the employment was continuous and with a qualifying affiliate. If you managed operations in Germany for six months and then transferred to the Singapore office for another six months — both within the same corporate group — before arriving in Tustin, CA, the combined employment satisfies the statute. Law Office of Peter Darwin Chu prepares petitions documenting multi-country employment with organizational charts and employment verification letters from each location.

What If My U.S. Company Is a Startup Established by the Foreign Parent — Will USCIS Approve My EB-1C in Tustin?

USCIS applies heightened scrutiny to EB-1C petitions for new offices under 8 CFR 204.5(j)(5), requiring evidence that the U.S. entity has been doing business for at least one year and that the beneficiary will be employed in a managerial or executive capacity. Tustin-based startups established by foreign parents must demonstrate actual operational capacity — not just plans or projections. Law Office of Peter Darwin Chu advises clients on the one-year mark, ensuring petitions include payroll records, client contracts, and evidence of supervisory staff to meet the new office standard.

What If I Was Promoted to Manager After Arriving in the U.S. on L-1A — Does That Disqualify My EB-1C in Tustin?

The EB-1C petition requires that you were employed abroad in a managerial or executive capacity for one year within the three years preceding the petition — not that you held the same title throughout your U.S. employment. If you were a branch manager in Tokyo and were promoted to regional director after transferring to Tustin, CA, the promotion does not disqualify you as long as your foreign role met the statutory definition. Law Office of Peter Darwin Chu documents both the qualifying foreign employment and the current U.S. position to address this scenario in petitions.

What If My Company Has Fewer Than 10 Employees — Can I Still Qualify for EB-1C in Tustin?

Company size is not a statutory disqualifier for EB-1C, but smaller organizations face greater scrutiny in proving managerial capacity. Under 8 CFR 204.5(j)(2), a manager must supervise professional employees or manage an essential function — not perform the work themselves. Tustin-based firms with fewer than 10 employees must demonstrate that the beneficiary directs the work of others or controls a critical operational area. Law Office of Peter Darwin Chu prepares petitions with detailed organizational charts, job descriptions, and evidence of decision-making authority to satisfy this higher evidentiary burden.