If I manage 50 contractors, but they are not direct employees, can EB-1C be denied?

The EB-1C is one of the visas for executives and managers seeking to transfer to a branch, parent company, or subsidiary in the United States. To qualify, the applicant must prove that they have held an executive or managerial position for at least one year in the three years preceding the application, and that this experience included supervising a team that shows a clear hierarchy and command position within the company.

In the case of your question, managing 50 contractors may raise doubts, since the EB-1C generally requires that managerial experience be demonstrated through direct supervision of employees who are part of the company’s organizational structure. Working with contractors does not necessarily demonstrate the same level of control or hierarchical relationship typical of a senior management position, as these workers may not be formally integrated into the company.

This difference can indeed be a factor leading to visa denial if the evidence presented does not convince that you exercised a managerial function as required by the program. It is essential to consider that each case is unique, and many other aspects of the professional background and company operations are analyzed by USCIS.

Thus, when evaluating a case primarily involving the supervision of contractors, it is important to present robust documentation explaining the organizational structure, evidencing the managerial authority exercised, and clarifying the relationship between the company and the contractors.

Always remember the importance of strictly following United States immigration laws. Seek guidance from reliable sources and, if necessary, consult experts in the field to avoid falling into traps or promises of guaranteed results that, in reality, cannot be assured. A detailed analysis of your case by qualified professionals can help identify strategies to strengthen your process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.