What is Appropriate Additional Evidence in EB1-C Petition?

Where appropriate, the director may request additional evidence to determine managerial or executive capacity:

1. Supervisors as managers: A first-line supervisor does not act in a managerial capacity merely because of his or her supervisory duties unless the employees supervised are professional. What is a “first-line“ supervisor is a matter of business organization, proven case by case, unless management hires employees with bachelor degrees or higher.
2. Staffing levels: If staffing levels factor into whether an individual acts in a managerial or executive capacity, take into account the reasonable needs of the organization, component, or function in light of its overall purpose and stage of development. An individual does not act in a managerial or executive capacity merely because of the number of employees he or she supervises or has supervised, or directs or has directed.
3. Offer of employment: No labor certification is required for this classification; however, the prospective U.S. employer must furnish a job offer statement indicating that the foreign executive/manager will be employed in the United States in a managerial or executive capacity. That letter must clearly describe the duties the foreign executive/manager will perform.