From H-1B to EB-1C Green Card: The Shortcut That Works

Quick Summary:

If you’ve worked for a foreign company abroad but now hold an H-1B visa in the U.S., you may still qualify for an EB-1C green card, even if the U.S. company only recently acquired the foreign entity. This article explains how U.S. immigration law allows flexibility in qualifying for EB-1C for managers on H-1B, especially in mergers, acquisitions, and late-stage restructurings.

Can You Still Qualify For EB-1C If the U.S./Foreign Company Relationship Is Recently Formed?

Yes. You can qualify for an EB-1C even if the qualifying relationship between the U.S. and foreign company was only recently established, such as through an acquisition, as long as you worked for the foreign entity in a managerial or executive role for at least 1 year within the last 3 years prior to entering the U.S.

Here’s the twist: The qualifying relationship needs to exist at the time of the EB-1C filing- it doesn’t need to have existed during your employment abroad.

Understanding The EB-1C Eligibility Timeline For H-1B Professionals

To move from H-1B to EB1C, your managerial role abroad counts if it was within the 3 years immediately preceding your entry to the U.S. to work for the U.S. petitioner company. That period does not restart just because the qualifying business relationship is new.

This often comes as a surprise to H-1B workers and employers who think they’ve missed their chance due to timing. In reality, USCIS policy focuses on employment history + current ownership structure, not the past company relationship.

Real Case Scenario:

• Maria worked as an Operations Director at Tech Global India until June 2023.
• In July 2023, she entered the U.S. on an H-1B to work for Innovex USA.
• In February 2025, Innovex acquired 51% of Tech Global India.
• In March 2025, they filed her EB-1C petition based on her prior managerial experience in India and future managerial role in the U.S.

Result? USCIS approved her EB-1C petition, despite the U.S./foreign affiliation only being 2 months old.

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H-1B to EB-1C: You Don’t Need Longstanding Affiliation to Succeed

The U.S. company doesn’t need to have owned or controlled the foreign entity during your employment abroad. USCIS only requires that:

• The qualifying relationship (parent, subsidiary, affiliate) exists at the time of EB-1C filing, and
• You had the required one year of managerial or executive employment in the 3 years immediately before your move to the U.S. (not before EB-1C filing).

Practical Tips:

• If you’re on H-1B and were a manager abroad within the 3 years before you came to the U.S., explore M&A or ownership strategies that establish a qualifying relationship.
• Talk to experienced immigration counsel before restructuring; poor timing can complicate eligibility.

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Manager Abroad, H-1B in the U.S.? You May Be Closer to a Green Card Than You Think

Yes, EB-1 for managers on H-1B is possible, but only if the foreign managerial role was for 1 full year in the 3 years immediately preceding your entry to the U.S. to work for the H-1B petitioner, and a qualifying relationship now exists between the U.S. petitioner and your foreign employer at the time of EB-1C filing.

Even if you’re on your 7th year of H-1B, the clock for EB-1C eligibility is based on your pre-U.S. employment history. For many, this unlocks a green card route they didn’t think they qualified for.

Example:

• Ajay managed a product team at Digisol India from 2020 to 2023.
• He moved to the U.S. on H-1B with CodePro Inc. in 2023.
• CodePro later bought out 60% of Digisol in 2027 and filed EB-1C.
• USCIS approved the petition because Ajay’s qualifying managerial experience happened within 3 years of his U.S. entry.

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Acquisitions, Mergers, and New Affiliations Can Reopen the EB-1C Door

If your U.S. employer acquires or merges with your former foreign employer, you may be eligible for an EB-1C, even if the relationship didn’t exist when you entered the U.S.

What matters is:

• The U.S. entity owns or controls the foreign entity at the time of filing.
• Your role abroad meets EB-1C standards (managerial or executive).
• You have 1 year of qualifying employment abroad within 3 years immediately preceding your entry to the U.S. to work for the U.S. employer.

This scenario often applies in:

• Late-stage startup expansions
• Strategic M&A deals
• Corporate restructurings to align immigration pathways

Checklist for Employers:

• Review past roles of foreign hires now on H-1B
• Evaluate timing of potential acquisitions or investments
• Confirm job duties meet managerial/executive criteria
• Plan EB-1C strategy as part of M&A due diligence

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From H-1B To Green Card: Don’t Miss the EB-1C Window

Going from H1B to EB1C green card doesn’t require waiting in endless PERM queues if you qualify based on a recent managerial role abroad.

Many foreign nationals and employers overlook this golden opportunity because:

• They assume the affiliation must have existed before U.S. entry
• They think the employment abroad was too long ago
• They underestimate how M&A activity can unlock new options.

Talk to an immigration attorney as soon as M&A discussions begin. One missed filing window can mean the difference between a green card and years of waiting.

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How VisaPro Helped a Client Get EB-1C Approval After a Late Acquisition

A tech company approached VisaPro in early 2025. Their employee, Anita, had:

• Co-owned and worked as a Senior Manager at a company in India until 2019
• Entered the U.S. in H-1B mid-2019
• No initial corporate connection between the U.S. and Indian firms

In February 2025, the U.S. company acquired a controlling stake in the Indian company. They asked if Anita could now qualify for EB-1C on H-1B.

VisaPro’s Strategy:

• Analyzed Anita’s role abroad to confirm EB-1C managerial standards
• Coordinated with M&A team to verify qualifying ownership structure
• Documented foreign employment and responsibilities in detail
• Filed the EB-1C within 2 months of acquisition

The Result: EB-1C petition was approved. Anita began green card processing immediately, with no PERM delays.

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What If You’re Just Starting M&A Talks?

If you’re in the early stages of considering a corporate acquisition, but have current H-1B employees who may qualify:

• Start planning now.
• Don’t wait until after the deal closes to seek immigration advice.
• EB-1C timing and eligibility depends heavily on precise documentation and strategy.

VisaPro routinely works alongside M&A and corporate counsel to align immigration timing with transaction structure.

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Conclusion: You May Already Qualify for EB-1C, Let VisaPro Help You Get There

If you’re on H-1B and managed teams abroad right before coming to the U.S., don’t assume the door to EB-1C is closed. With the right ownership structure and legal strategy, you can still move from H-1B to EB-1C, even if the qualifying relationship was created.

VisaPro has helped thousands of professionals and employers unlock U.S. green cards through advanced immigration planning.

👉 Schedule your free strategy call today. Let’s explore your H-1B to EB-1C green card options before your window closes.

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Frequently Asked Questions (FAQ)

1.Can I go from H-1B to EB-1C if my U.S. company recently acquired my foreign employer?

Yes. If you worked in a managerial or executive role abroad within 3 years before entering the U.S., and a qualifying relationship now exists, you may qualify for EB-1C, even if the acquisition happened after you started H-1B.

2.How does EB-1C for managers on H-1B work in late-stage acquisitions?

As long as the foreign role was in the 3 years immediately preceding your entry to the U.S. you came to the U.S. to work for the U.S. employer, and the U.S. employer now has a qualifying relationship with the foreign company, the timing of the acquisition does not disqualify you. The key is proving the qualifying relationship exists at the time of filing.

3.What are the requirements for going from H-1B to EB-1C green card?

You must have worked abroad for at least one year in a managerial or executive role within the 3 years before entering the U.S., and your current U.S. employer must have a qualifying relationship with that foreign company.

4:Is it possible to transition from H-1B to EB-1 without PERM?

Yes. EB-1C is a PERM-exempt green card category for multinational managers and executives. If eligible, it can dramatically reduce wait times and bypass the labor certification process.

5.Can I still file EB-1C if the U.S. and foreign company relationship didn’t exist when I was abroad?

Yes. The law does not require the qualifying relationship to exist during your foreign employment. It must exist when the petition is filed.

Don’t wait. Your EB-1C window may already be open.
👉 Schedule Your Free Strategy Call with VisaPro Today.

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