EB1C - Management Consultant at a Subsidiary

[rishabh85]

I am a full-time (40+ hours/week) director-level consultant for a European subsidiary of a US company, both of which have been in business for a long time. I worked as a consultant for one year and then as a Vice President for six months. I am now moving to the US on an H1B visa.
My role is business development and program management - I manage internal and external project teams, negotiate with external parties, finalize contracts - Have enough evidence to prove all this.
My question is: Do I qualify for EB-1C? I understand that the general assumption is that you must be on payroll for EB-1C. However, I was a full-time consultant in a managerial role. Is this sufficient, or is a confirmed denial likely?

[adibabu]

EB-1C eligibility is based more on the nature of the role than the title but USCIS does generally expect the qualifying year abroad to be in a managerial or executive capacity as an employee, not an independent contractor. If your consultant role was truly full-time, exclusive, and functioned like payroll employment (with authority over teams, budgets, and decisions), it may be arguable, but consultant arrangements are more closely scrutinized and do carry higher risk. A confirmed denial isn’t automatic, but strong documentation and an experienced immigration attorney would be critical.