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.
Send Us Your EB-1C RFEThe corporate structure and the beneficiary's duties must fit together.
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.
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.
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.
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.
Which EB-1C capacity is actually being claimed?
The petition should apply the correct definition rather than use “manager,” “executive,” and “director” interchangeably.
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
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
Why is USCIS questioning the petition?
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.
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.
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.
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.
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.
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.
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.
The organizational chart should be supported by the actual business record.
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.
Organizational Structure
Payroll records, employee rosters, job descriptions, organizational charts, reporting relationships, professional qualifications, and contractor evidence can show who performs operational work.
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.
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.
Six principles for responding to an EB-1C RFE.
Map the Multinational Structure
Establish ownership and control clearly before turning to the beneficiary's employment.
Document Both Roles
The foreign employment and proposed U.S. employment should each be supported by detailed duties and organizational evidence.
Use Actual Business Records
Payroll, contracts, financial records, organizational materials, and contemporaneous records can corroborate organizational charts and company declarations.
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.
Do Not Rely on Titles
“CEO,” “President,” “Director,” or “Manager” does not establish the statutory capacity without evidence of qualifying primary duties.
Connect the Structure to the Duties
The organizational chart, staffing, business operations, and duty description should describe the same real-world organization.
EB-1C RFE FAQs
Common questions after USCIS requests additional evidence on a multinational manager or executive petition.