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Supervisor's Qualification for EB1 Multinational Executive or Manager Application

Hi William:

I am a supervisor in a department, with 4 employees under my supervision. Do I qualify to apply for the EB1 multinational executive or manager Green Card category as a EB1 manager?

Answer:

For EB1 multinational executive or manager immigrant application (EB-1C), a supervisor below the level of middle management is often called a first-line supervisor. The first-line supervisor is not normally considered a manager for EB-1C qualifying purposes. But an exception may exist if the employees being supervised by the alien supervisor are themselves professionals with university degrees.

Under the immigration laws, for an alien employee's job to be considered managerial, all four of the below criteria must be met:

1) manages the organization, or a department, subdivision, function, or component;

2) supervises and controls the work of other employees in supervisory, professional, or managerial positions, or manages an essential function of the organization;

3) be authorized to hire and fire the persons supervised, or if none are supervised, works at a senior level within the organization; and

4) be authorized to make decisions concerning day-to-day operations of the activities or functions of the organization over which the manager has authority.









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