I am in H1B status and am being promoted to a managerial position, where I will have one direct report. Does this qualify me for an EB1(c), multinational manager / executive case?

Answer

In order to qualify for the EB1(c) category, one must have worked abroad as a manager or executive for at least one year, and then be offered a managerial or executive position with a related company in the U.S. Without the qualifying foreign experience, one definitely would not qualify. Further, with only one report, this could make it very difficult to argue that the position is truly managerial or executive in nature. (25.Feb.2019)

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