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What
Are the Requirement of Managerial Capacity for EB-1C Green Card Application? |
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William, With a L1A visa and working as a group manager, do I qualify for EB-1C multi-national executive and manager green card application for the requirement of managerial capacity? Answer, The EB-1C Immigrant visa category awards Green Cards to individuals who have been employed abroad by a qualifying entity and who are transferred to a U.S. entity in a managerial or executive capacity on a permanent basis. While it does require a U.S. employer, it is a method frequently utilized by entrepreneurs around the world. For those individuals who qualify, the EB-1C Green Card provides a relatively straightforward path to a Green Card in a preference category that historically has no quota backlogs. Many executives and managers also utilize the L1A nonimmigrant visa to enter the U.S. relatively quickly with their family members and then file for the EB-1C when it is appropriate to do so. The managerial capacity for EB-1C multi-national executive and manager green card application is determined by examining the totality of an employee's specific tasks and responsibilities. An executive or managerial title alone is insufficient if the beneficiary does not in fact perform duties which are primarily executive or managerial in nature. An EB-1C applicant's managerial capacity can also be viewed according to the organization and the number of employees. The smaller the organization, the greater the scrutiny directed by USCIS officers at whether primarily executive or managerial positions can exist. Also, staffing levels and proportionate to the reasonable needs and development of the entity are factors in determining whether a EB-1C applicant is acting in a managerial capacity. However, an individual is not considered to be in a managerial capacity merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed. While not required, the attainment of a college degree by the alien serves as a beneficial factor. Direct or indirect supervision of degreed professionals by the alien also serves as a very positive factor. The managerial capacity include:
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