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How
USCIS Evaluate the Managerial or Executive Status for an EB-1C Petition? |
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How
USCIS Evaluate the Managerial or Executive Status for an EB-1C Petition? |
| Hi
William, I am a manager in an international company. Do I qualify for the EB1 Executive and Managerial application (EB-1C)? and how USCIS evaluate the managerial or executive status for an EB-1C petition? Answer, The EB1 Executive and Managerial application (EB-1C) should establish that the U.S. employer itself is in fact conducting business at a level that would require the services of a person primarily engaged in executive or managerial functions. In making this determination, an USCIS officer should consider the nature of the business, including its size, its organizational structure, and the product or service it provides. When examining the executive or managerial capacity of the beneficiary, an USCIS officer will look first to the petitioner's description of the job duties. Specifics are an important indication of whether a beneficiary's duties are primarily executive or managerial in nature. Merely repeating or paraphrasing the language of the statute or regulations does not satisfy the petitioner's burden of proof. If the beneficiary performs non-managerial administrative or operational duties, the description of the beneficiary's job duties should demonstrate what proportion of the beneficiary's duties is managerial in nature, and what proportion is non-managerial. A beneficiary who primarily performs non-managerial or non-executive duties does not qualify EB1 Executive and Managerial application as a manager or executive under the statutory definitions. |
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