The USCIS denied, stating that my managerial position was only nominal and not real. Is it possible to reverse this?

The EB-1 is a visa category that requires the demonstration of extraordinary abilities or achievements in certain fields. When a managerial position is considered ‘nominal’, without sufficient evidence of actual responsibilities and a leadership structure, the USCIS may question the authenticity of the position presented.

In terms of reversing this decision, there are paths that can be evaluated. One option is the possibility of submitting a supplementary petition or a motion to reopen the case, in which you can include additional documents and evidence demonstrating that your managerial duties were indeed effective, encompassing responsibilities such as supervising a team, making strategic decisions, and influencing the operation and results of the company.

However, it is important to emphasize that success in reversing a denial depends on the quality and relevance of the evidence presented, as well as the USCIS’s analysis of the context of your position. It is essential in this process to act in accordance with United States immigration laws, ensuring that all documentation is in order and that procedures are properly followed.

It is also worth reinforcing the importance of seeking support from professionals specialized in this area and being wary of quick-fix solutions or miraculous promises that often circulate in marketing campaigns. Although the situation can, in some cases, be reconsidered with the proper supplementation of the process, each case has its particularities and must be evaluated with caution.

Always seek additional information from official sources or experienced professionals, and avoid falling for scams guaranteeing results without a detailed analysis of your history and documentation. This way, you will be better prepared to present a solid case aligned with USCIS requirements.

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.