Suitable Supplementary Documentation in EB-1C Petition
In applicable cases, the USCIS officer may ask for supplementary documentation to decide managerial or executive capabilities.
Supervisors as managers: Even though he/she has supervisory duties, a first-line supervisor is not thought to be working in a managerial role unless the workers supervised are professional. The definition of a “first-line” supervisor is a concern of business organization to be determined in each instance, unless the management employs workers with bachelor’s degrees or higher.
Staffing levels: If staffing levels are used as an aspect of deciding if a person is working in a managerial or executive role, the practical demands of the function, component, or organization, because of the total goal and phase of growth of the function, component, or organization, should be considered. A person will not be thought of as working in a managerial or executive role merely because of the number of staff that the person supervises or has supervised, or directs or has directed.
Offer of employment: Labor certification is not required for this classification; however, the potential company in the U.S. must provide an offer of employment statement which states that the non-resident manager/executive is to work in the U.S. in a managerial or executive role. This statement must clearly define the responsibilities to be executed by the non-resident manager/executive.
