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What is Appropriate Additional Evidence in EB1-C Petition?

In appropriate cases, the director may request additional evidence to determine managerial or executive capacities

  1. Supervisors as managers: A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of his or her supervisory duties unless the employees supervised are professional. What is a “first-line“ supervisor is a matter of business organization to be proven in each case, unless the management hires employees with bachelor degrees or higher.
  2. Staffing levels: If staffing levels are used as a factor in determining whether an individual is acting in a managerial or executive capacity, the reasonable needs of the organization, component, or function, in light of the overall purpose and stage of development of the organization, component, or function, should be taken into account. An individual will not be considered to be acting in a managerial or executive capacity merely on the basis of the number of employees that the individual supervises or has supervised or directs or has directed.
  3. Offer of employment: No labor certification is required for this classification; however, the prospective employer in the United States must furnish a job offer in the form of a statement which indicates that the foreign executive/manager is to be employed in the United States in a managerial or executive capacity. Such letter must clearly describe the duties to be performed by the foreign executive/manager.
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