EB-1C · Common RFE topics

Managerial or executive capacity

• Executive capacityWhether the U.S. or foreign role primarily directs the organization rather than doing its day-to-day work.
• Managerial capacityWhether the role primarily manages a department, function or component and supervises managers or professionals.
• Function managerWhether the person manages an essential function at a senior level instead of performing it.

Staffing and organization

• Staffing and structureWhether the company's staff and structure can support a role that is mainly managerial or executive.
• Subordinate dutiesWhether the people below the manager really do the work that frees them to manage.
• Professional employeesWhether the subordinates a manager supervises count as 'professionals' under the rules.
• Doing businessWhether the U.S. company had at least one year of regular, continuous business before filing.

Money

• Ability to payWhether the U.S. employer can pay the offered salary from the priority date until the green card.

Company relationship

• Qualifying relationshipWhether the U.S. employer and the foreign employer are the same company or a parent, subsidiary or affiliate.
• Ownership and controlWho legally owns and controls each company, and whether the documents prove it.

Work abroad

• One year of foreign employmentWhether the person worked at least one year abroad for a related company in a managerial or executive role within the required window.
• Foreign entity operationsWhether the foreign company is real, operating and structured to support the role abroad, and keeps doing business.

Specific evidence

• Tax returnsHow USCIS reads the employer's tax returns for ability to pay, staffing and ownership.
• Payroll evidencePayroll records that show who worked for the company and what the beneficiary was paid.
• Organizational chartWhether the chart accurately shows the structure at filing and matches the rest of the record.