Who determines if my position abroad was managerial? The company or American law?

Let’s start by understanding that, for EB-1C visa processes, it is essential to prove that abroad you held a managerial position. This means demonstrating, through documents and job descriptions, that you led departments or areas of the company, participated in strategic decisions, and exercised significant control over operations.

In the EB-1C context, the definition of what constitutes a managerial role is not simply determined by the company where you worked. Although the company can provide the official job description, such as organizational charts, job statements, and recommendation letters, the final responsibility to interpret and apply the legal standards rests with the United States immigration authority, that is, the USCIS (United States Citizenship and Immigration Services). They will evaluate the documents presented following the criteria established by U.S. law.

Therefore, even if the company asserted that your position was managerial, the decision will be made based on how the described duties fit within the legal parameters of management and exercise of authority. It is important to remember that compliance with immigration laws is essential for any process.

If you are considering starting an EB-1C visa process, research thoroughly and seek information from reliable sources. Seeking guidance from professionals specialized in this area can be very valuable to avoid mistakes and exposure to possible scams or marketing campaigns that promise miraculous results.

Finally, having precise and well-founded documentation is crucial, as the final decision about the management or supervisory nature of the foreign position will depend on the detailed analysis of documents and interpretations of immigration laws. Exercise caution and seek broad information about the applied criteria so that your process complies with legal 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.