To qualify for an EB1-C visa, the beneficiary must show that they worked in a managerial or executive capacity for at least one year within the three-year period preceding entrance into the United States on a non-immigrant visa. We had to prove the petitioner (1) had day-to-day discretion over activities and management of a component of the organization; and (2) was either a functional manager (managed a function of an organization) or a manager of personnel (managed supervisory or professional staff). The Request for Evidence (RFE) questioned whether the petitioner’s past employment abroad qualified and, as a result, demanded specific details of the petitioner’s foreign work and the individuals she oversaw in a managerial capacity.
The problem was one problem. On paper, it showed she only managed 2 to 3 people. In practice, however, the story was different. She oversaw an entire team in another country. The challenge was to prove what she actually did versus what it looked like she did.
After reviewing the case with the client, we set out with a three-fold plan. First, we had to document the petitioner’s actual role at the former affiliate company. We contacted the company and obtained detailed information about the petitioner’s subordinates. We created a detailed organizational chart clearly setting out the petitioner’s job duties, her role within the company with an emphasis on duties specific to delegating, prioritizing, and coordinating the work of subordinates. Second, we reviewed all of our documentation we collected with the assistance of the affiliate company and aligned it with the legal standards required by the visa. Third, we did it all over again with the petitioner’s current employment in the United States.
These types of immigration cases can be very time-intensive and require very detailed information. We take the time and are thorough in our efforts. As a result, the visa was granted.