What If My Foreign Company Just Opened the U.S. Office in San Bernardino—Am I Still Eligible for EB-1C?

Yes, but the petition requirements differ significantly. If the U.S. entity has been doing business for less than one year, your EB-1C petition must be filed as a 'new office' case under 8 CFR 204.5(j)(3)(i), which is initially approved for only one year of conditional permanent residence. You must demonstrate that the U.S. office has secured sufficient physical premises and that you were employed abroad in a managerial or executive capacity for one continuous year within the three years preceding your entry to the U.S. After one year of U.S. operations, you file a second petition to remove conditions, at which point USCIS evaluates whether the U.S. office is now staffed and operating at a level that supports your managerial role. San Bernardino startups with foreign parent companies should consult an EB-1C lawyer before the U.S. office opens to structure the entity and employment timeline correctly.

What If I'm Currently in the U.S. on L-1A Status—Can I File EB-1C in San Bernardino Without Leaving?

Yes, and this is one of the most common EB-1C scenarios. The L-1A intracompany transferee visa and the EB-1C immigrant visa share nearly identical qualifying criteria—both require a qualifying corporate relationship and managerial or executive capacity. If you are already in San Bernardino on L-1A status, you can file an EB-1C petition (Form I-140) while maintaining your L-1A, and if approved, file for adjustment of status (Form I-485) without returning to your home country. The key advantage is that EB-1C grants permanent residence, while L-1A is temporary (maximum 7 years). Your EB-1C petition can be filed by the same U.S. employer that sponsored your L-1A, and the one-year foreign employment requirement is typically already satisfied by the time you entered on L-1A. Many San Bernardino executives use this pathway to transition from nonimmigrant to immigrant status.

What If USCIS Requests Evidence (RFE) on My EB-1C Petition Filed from San Bernardino?

Requests for Evidence (RFEs) are common in EB-1C cases and typically focus on three areas: proof of the qualifying corporate relationship, evidence that your foreign role was managerial or executive, and documentation that your U.S. role will be managerial or executive. Response deadlines are typically 30–87 days depending on the request. We prepare comprehensive RFE responses with additional organizational charts, detailed job duty breakdowns, financial statements showing the foreign entity's operational scale, and affidavits from company officers. The RFE is not a denial—it is an opportunity to provide evidence that was missing or insufficient in the initial petition. San Bernardino petitioners who receive RFEs should respond through experienced EB-1C counsel, as poorly drafted responses frequently result in denials that could have been avoided.

What If My U.S. Company in San Bernardino Is Small—Does That Disqualify Me from EB-1C?

No, but it creates a higher documentation burden. USCIS does not require a minimum company size for EB-1C, but smaller U.S. operations must clearly demonstrate that your role involves managerial or executive duties rather than performing the organization's core operational tasks yourself. If you are the only employee or one of two employees, USCIS will scrutinize whether you are truly managing people or functions, or simply doing the work yourself. We address this by documenting organizational growth plans, showing that you manage essential functions (finance, operations, strategy) even with a lean staff, and providing evidence of contractors, vendors, or offshore teams under your supervision. Many San Bernardino small businesses qualify for EB-1C, but the petition must be structured carefully to meet the statutory definition of managerial capacity under 8 CFR 204.5(j)(2).