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  • EB1 Elgibility

    Hello all,

    I worked in Canada as a manager with 2 direct reports. (note the direct reports are in US, but am in a manager position in Canada, worked in Canada for about 15 months in same position).

    Education Details:
    Bachelors in computer science from India. (JNTU)


    Current Situation:

    I am on L1A VISA in USA working for same employer in same Manager position and the same 2 people reporting to me.

    If My employer wants to hire a Manager , Given above situation is my position qualified for EB1.

  • #2
    Originally posted by pams.can View Post
    Hello all,

    I worked in Canada as a manager with 2 direct reports. (note the direct reports are in US, but am in a manager position in Canada, worked in Canada for about 15 months in same position).

    Education Details:
    Bachelors in computer science from India. (JNTU)


    Current Situation:

    I am on L1A VISA in USA working for same employer in same Manager position and the same 2 people reporting to me.

    If My employer wants to hire a Manager , Given above situation is my position qualified for EB1.
    Merely having direct reportees does not qualify one for a EB1. The qualification criteria for EB1C are clearly enunciated on the USCIS website. So it is up to your employer's immigration team to decide the merits of your case, and even if they feel you meet the criteria, ultimately it is USCIS which decides on this matter. If the question is: Do you meet the explicit criterion of being a manger with the same firm for atleast 1 yr. in the three yrs. prior to coming to the US, the answer is Yes.
    Just an opinion; Not legal advice.

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