Managers and Executives FAQs

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on

Thursday, December 16, 2021 - 06:44

Qualifications for EB-1 Multinational Executives and Managers in a small company


I am currently working as a Senior Software developer at a small company (13 employees). It is privately held and I don't have any stake in it. I am on an H-1B visa and my I-140 is approved under the EB-3 category. I see an opportunity to start a team in India for my current company. I can manage the team from India, staying there for a year. After that, I can come back to the US and still manage the Indian team while working in the USA. I will probably have to play a dual role where I am a senior developer and should manage the Indian team.  Will I be eligible for EB-1 manager/executive level after 3 years? If not, is there an easy way I can leverage the advantage of working in a small shop to get a green card faster.



Video URL


Tuesday, March 27, 2018 - 12:05

EB-1C for Functional Managers - Overseas Team Inclusion


I had few questions on EB1C filing;
- I am here in the US from 2015. Prior to that I was working as an Manger for the same firm in India.
- I was appointed as a Principal and then promoted as a Solution Manager last year. My role involves tasks during the entire duration of a given project and as part of the project I co-ordinate with the offshore teams assigned on the project for deliverable and to assign other tasks related to the project.<br>
1. As part of EB1C filing is there a mandatory requirement that a manager should be having dedicated team members<br>
2. If 1 is yes then can we consider the offshore team members assigned per project who would be supervised to the level of getting status of tasks, providing clarifications, training them etc.<br>
3. Is there a minimum number of reports required in the US and while I was in India, and if those reports have left the organization is that Ok?


Watch the Video on this FAQ: EB-1C for functional managers - overseas team inclusion

Video Transcript

There are two kinds of managers or executives - somebody who manages a function an essential and critical function of the corporation even though they don't manage any staff they would be considered a manager. No corporation can survive without a good pricing structure. It is a critical function of an organisation in the services business. There is another kind of manager which is a people manager, so if you are managing a team of twenty five software engineers they have to be professional employees. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Tuesday, January 3, 2017 - 10:43

Processing Times Involved in NIW


If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.


You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest.  But NIW priority date will take the same time as a normal EB-2 application does.  See: under employment-based category 2.