ImmigrationRFE.com

EB-1C RFE

EB-1 Multinational Manager or Executive

Received an EB-1C RFE?

An EB-1C RFE may question the multinational relationship between the companies, the beneficiary's qualifying employment abroad, whether the foreign or U.S. position is managerial or executive, whether the U.S. employer has been doing business as required, or whether the actual organizational structure supports the claimed senior role.

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EB-1C RFE Analysis

The corporate structure and the beneficiary's duties must fit together.

RelationshipQualifying multinational entities?
Foreign WorkQualifying prior employment?
Foreign RoleManagerial or executive?
U.S. RolePrimarily manager or executive?
PetitionerQualifying U.S. business?
Job titles alone do not establish EB-1C eligibility. USCIS examines the beneficiary's actual primary duties and the organization in which those duties are performed.
EB-1C Framework

The petition connects two businesses and two periods of employment.

A strong response should establish the multinational organization and then document the beneficiary's qualifying roles within that structure.

01 / MULTINATIONAL

Qualifying Relationship

The U.S. petitioner and qualifying foreign employer must have the required parent, subsidiary, affiliate, branch, or other qualifying relationship under the applicable rules.

02 / FOREIGN EMPLOYMENT

Qualifying Work Abroad

The beneficiary must have the required qualifying employment outside the United States with the petitioner's qualifying foreign organization during the applicable period.

03 / U.S. EMPLOYMENT

Permanent Managerial or Executive Position

The U.S. petitioner must offer permanent employment in a position that is primarily managerial or executive under the statutory definitions.

Managerial vs. Executive Capacity

Which EB-1C capacity is actually being claimed?

The petition should apply the correct definition rather than use “manager,” “executive,” and “director” interchangeably.

Managerial Capacity

Managing People or an Essential Function

Managerial capacity can involve qualifying management of personnel or management of an essential function of the organization at the required level.

  • Manage organization, department, component, or function
  • Supervise and control qualifying employees where personnel management is claimed
  • Exercise qualifying authority over personnel or function
  • Operate at a senior level
  • Exercise discretion over day-to-day operations of the activity managed
Executive Capacity

Directing the Organization at a High Level

Executive capacity focuses on directing management, establishing goals and policies, exercising wide latitude in discretionary decision-making, and receiving only general supervision or direction from higher-level executives, owners, or a board.

  • Direct management
  • Establish organizational goals and policies
  • Exercise wide decision-making discretion
  • Operate at a senior organizational level
  • Receive only general higher-level supervision
Common EB-1C RFE Issues

Why is USCIS questioning the petition?

01

Qualifying Relationship Is Not Adequately Documented

USCIS may request ownership records, stock certificates, corporate registrations, tax records, organizational documents, agreements, financial evidence, or other proof showing ownership and control.

02

Foreign Employment Is Not Clearly Established

The RFE may question the dates of foreign employment, employing entity, job duties, managerial or executive character of the role, or whether the employment occurred during the legally relevant period.

03

U.S. Duties Appear Operational

USCIS may conclude that the beneficiary will personally perform the company's products, services, sales, production, technical work, or other operational activities rather than primarily manage or direct them.

04

Staffing Does Not Support the Claimed Role

USCIS may compare the claimed managerial hierarchy with payroll, organizational charts, job descriptions, contractors, business records, and the actual number and level of employees.

05

Function Manager Is Not Adequately Established

The petition may identify an important function without explaining how the beneficiary primarily manages that function at a senior level rather than personally performing its operational tasks.

06

Business Operations Are Insufficiently Documented

USCIS may request evidence showing the U.S. entity's continuing business activity, organizational scale, revenue, employees, customers, facilities, contracts, or other operations supporting the claimed role.

Function Managers

Not every EB-1C manager must supervise a large staff.

But a function manager must primarily manage the function, not personally perform it.

A qualifying managerial role can involve management of an essential function rather than direct supervision of subordinate employees.

The response should identify the function with specificity, establish that the function is essential to the organization, explain the beneficiary's authority over it, show the senior level at which the beneficiary operates, and distinguish management of the function from performance of its underlying operational work.

Evidence concerning budgets, strategic authority, policies, delegated operational duties, reporting relationships, decision-making, organizational responsibilities, and examples of major decisions can help show how the role functions in practice.

Corporate Evidence

The organizational chart should be supported by the actual business record.

Ownership

Qualifying Relationship

Articles, share records, ownership ledgers, registrations, tax documents, corporate resolutions, financial records, and other evidence may establish ownership and control among the multinational entities.

Staffing

Organizational Structure

Payroll records, employee rosters, job descriptions, organizational charts, reporting relationships, professional qualifications, and contractor evidence can show who performs operational work.

Operations

Doing Business

Contracts, invoices, revenue records, tax filings, customer records, leases, business licenses, bank activity, and other documentation can establish the actual scope and continuity of the U.S. business.

Job Duties

Percentages are useful only when the duties themselves are meaningful.

A response should explain what the beneficiary actually does rather than repeat broad managerial terminology.

01
Describe decisions Give concrete examples of strategic, personnel, financial, operational, or policy decisions within the beneficiary's authority.
02
Identify what is delegated Explain which employees, managers, professionals, contractors, or departments perform the organization's operational work.
03
Explain the reporting structure Show where the beneficiary fits between ownership or senior leadership and subordinate managers, professionals, employees, or functions.
04
Connect duties to business scale The claimed role should make sense when compared with the company's staffing, customers, revenue, products, services, departments, and actual operations.
05
Separate management from production Explain why the beneficiary is directing or managing the work rather than personally providing the service or producing the company's ordinary output.
Response Strategy

Six principles for responding to an EB-1C RFE.

01

Map the Multinational Structure

Establish ownership and control clearly before turning to the beneficiary's employment.

02

Document Both Roles

The foreign employment and proposed U.S. employment should each be supported by detailed duties and organizational evidence.

03

Use Actual Business Records

Payroll, contracts, financial records, organizational materials, and contemporaneous records can corroborate organizational charts and company declarations.

04

Explain Who Performs the Operational Work

A managerial or executive case becomes more persuasive when the record shows how ordinary production and service functions are delegated.

05

Do Not Rely on Titles

“CEO,” “President,” “Director,” or “Manager” does not establish the statutory capacity without evidence of qualifying primary duties.

06

Connect the Structure to the Duties

The organizational chart, staffing, business operations, and duty description should describe the same real-world organization.

EB-1C Questions

EB-1C RFE FAQs

Common questions after USCIS requests additional evidence on a multinational manager or executive petition.

Is EB-1C the immigrant version of L-1A?
The classifications share important multinational-manager and executive concepts, but they are separate classifications with their own statutory and regulatory requirements. Prior L-1A approval does not by itself guarantee EB-1C approval.
Does the beneficiary have to manage employees?
Not necessarily. Managerial capacity can include qualifying management of an essential function. A function-manager case must still establish that the beneficiary primarily manages the function at the required senior level rather than personally performing its operational duties.
Does being the company president prove executive capacity?
No. USCIS evaluates the beneficiary's actual primary duties, decision making, organizational level, supervision, and responsibilities rather than relying only on the job title.
Can a small company qualify for EB-1C?
Company size alone does not determine eligibility. USCIS may consider the reasonable needs of the organization along with its staffing, structure, stage of development, and actual operations when evaluating whether the beneficiary primarily performs qualifying managerial or executive duties.
Does the U.S. company have to be operating for a certain period?
The EB-1C petitioner must satisfy the regulatory doing-business requirement, including the requirement that the U.S. petitioner have been doing business for at least the required period before filing.
Does EB-1C require PERM labor certification?
No. EB-1C multinational manager or executive classification does not require the ordinary permanent labor certification process.