Immigration Law Associates
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EB-1 Clarification for Multinational Executives

  • Executive Capacity- With respect to executive capacity, the number of employees supervised is not determinative: The reasonable needs of the business and its stage of development will be weighted more in determining executive capacity. Generally, an employee with a clearly executive title such as "vice president," "controller," etc., should not have a problem qualifying for L-1 status unless the size of the company is such that it is unlikely that the person would realistically be fulfilling executive functions. One example of such a questionable situation would be where a company's U.S. office is made up predominantly of persons with executive titles, but in fact the beneficiary has only a few persons below him/her on the company's personnel chart.
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