Is a ‘manager’ position responsible for 2 employees and 3 contractors eligible for EB-1C?

The EB-1C visa was created to facilitate the transfer of executives and managers of international companies to operations in the United States. It requires that the professional has exercised senior management or executive functions outside the US and will assume a similar position in a US branch, subsidiary, or affiliate.

In the specific case of a ‘manager’ position responsible for 2 employees and 3 contractors, it is important to consider that the EB-1C requires proof that the role involved managerial or executive functions, regardless of the exact number of subordinates. The focus is on demonstrating that, in practice, the professional exercised significant authority, making strategic decisions, supervising operations, and influencing business conduct.

If these responsibilities are clearly documented and consistent with the visa requirements – especially the requirement of having managed an organizational structure abroad for at least one year within the three years prior – even a structure with few employees can, in principle, be compatible with EB-1C.

However, each case is analyzed individually by US immigration authorities, considering the company’s size, the complexity of the functions, and the hierarchical structure. Therefore, it is essential to gather all documentation proving the relevance of the performed functions, as well as the impact that this management had on the business both abroad and on the future US operation.

We remind that it is essential to strictly follow US immigration laws and to thoroughly research before initiating any process. Relying on specialized professionals can be a safe way to avoid scams or marketing campaigns promising guaranteed results, as each case has its particularities and the US authorities perform a thorough analysis of each petition.

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.