CTO Position but filed as Software Engineer for EB2

[Neil Kumar]

I am the new CTO of this startup company, the lawyer says filing with CTO title will cause issues because of high compensation requirements but if I file as Software Engineer it will be easier and I can file for EB2. I am concerned that my contract says I am CTO but on file I will be software engineer, I am not sure how does that work?

Can somebody shade some light on this please?

[nicoeppersma]

I am the new CTO of this startup company, the lawyer says filing with CTO title will cause issues because of high compensation requirements but if I file as Software Engineer it will be easier and I can file for EB2. I am concerned that my contract says I am CTO but on file I will be software engineer, I am not sure how does that work?

Can somebody shade some light on this please?

In small companies it is perfectly reasonable to have a senior engineer function in that role, you will just have to provide sufficient documentation and could face an RFE.