My position as ‘executive director’ without subordinates. EB-1C?

The EB-1C category is aimed at executives and managers holding senior leadership positions in multinational companies who, in the period immediately prior to the application, performed managerial or executive functions outside the United States. Therefore, understanding the requirements of this category is fundamental to analyzing whether your case fits this visa.

In your position as ‘executive director’, the designation may bring some ambiguity because, even with a title that refers to senior management, the key element for EB-1C is to prove that you actually performed executive or managerial functions. Generally, immigration authorities expect evidence that the role involved strategic decision-making, direct or indirect supervision of teams or departments, as well as the authority to hire, fire, or direct other professionals.

If in practice the position did not involve subordination or management of a team – even if the company operates with a leaner or flatter organizational structure – it may be more difficult to demonstrate that it was a managerial-level role required for EB-1C. The EB-1C criteria go beyond the title and focus on the real nature of the responsibilities performed.

If the ‘executive director’ position is exercised with significant autonomy to define strategies, make crucial business decisions, and somehow influence the organization, there may be arguments to prove managerial or executive capacity. However, the absence of direct subordinates may raise doubts regarding the applicability of the category, as the role traditionally requires supervision and coordination of multinational departments or teams.

It is important to remember that every analysis depends on strong documentation that demonstrates your function, the existing hierarchy in the company, and the relevance of the decisions you made. A well-structured set of evidence – such as organizational charts, detailed job descriptions, statements from superiors, and other internal documents – can help clarify the executive or managerial nature of your position.

Finally, I always emphasize the importance of strictly following United States immigration laws and seeking support from professionals specialized in this area. Looking for consultants or law offices experienced in this type of visa is a prudent step to avoid pitfalls and unfounded promises coming from marketing campaigns that guarantee results without proper analysis of the specific case. Each situation is unique, and a thorough analysis may determine the feasibility of EB-1C for your case, ensuring that all requirements are met according to current regulations.

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.