EB-1C Approval — Multinational Manager Transfer for a Korean-Founded F&B Franchise Group

IMMIGRATION LAW · SONG LAW FIRM SUCCESS STORY

Client Profile

An Asia-region executive at a Korean-founded F&B franchise group. He had led brand strategy at the Seoul headquarters for three years, overseeing multi-unit expansion, and was recently posted to the United States to lead the U.S. subsidiary.

Case Background

The client had already been deployed to the U.S. on L-1A and stabilized operations for over a year. When the group asked us to move him onto a green-card track via EB-1C, two risks surfaced in the initial review. First, the U.S. subsidiary's revenue and headcount were still modest, making the "managerial capacity" showing harder to substantiate. Second, some entity-level documents between the Korean parent and the U.S. subsidiary contained inconsistencies about qualifying relationship.

Legal Issues

EB-1C requires (1) at least one year of managerial or executive service abroad within the three years preceding the petition, (2) service in a similarly ranked managerial or executive role at the U.S. entity, and (3) a qualifying relationship (parent–subsidiary, affiliate, or branch) between the two entities. USCIS scrutinizes small U.S. subsidiaries closely, requiring proof that the beneficiary is a true senior manager — not a first-line supervisor — who directs other managers or professionals.

Song Law Firm Strategy

• Rebuilt the qualifying-relationship record by reconciling the articles of incorporation, shareholder registers, and equity flow of the holding company, the Korean parent, and the U.S. subsidiary.
• Visualized the client's span of control through an updated organizational chart, delegation memos, and board-decision records, with job descriptions of subordinate managers in marketing, finance, and store operations.
• Documented the U.S. subsidiary's revenue and headcount trajectory over three fiscal years to demonstrate a substantive, growing enterprise.
• Compiled quantitative evidence of the client's brand-strategy outcomes: new-unit openings, franchisee retention, and system manual updates.

Process

Filed I-140 EB-1C within three weeks of initial consultation. The petition proceeded without an RFE and was approved within approximately four months of receipt.

Result

I-140 EB-1C approved. Preparation of the concurrent I-485 adjustment of status is underway. The client can now lead the U.S. subsidiary with settled status, and the entity-structure cleanup will also assist any future IPO or M&A review.

Lessons

EB-1C is a natural progression from L-1A, but the smaller the U.S. entity, the more stringently USCIS examines the "true managerial capacity" requirement. Aligning the organizational chart, job descriptions, and qualifying-relationship documents from the outset is the key to approval.