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Is The Company's Size Important For Uscis To Determine A Petitioner's Eligibility For An Eb-1c Petition? |
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Answer» Some petitioners may argue that their BENEFICIARY's proposed position fits under the STATUTORY definitions for managerial and executive capacity, and USCIS adjudicators should not place undue emphasis on the size of the petitioning entity's support staff without taking into account the reasonable needs of the ORGANIZATION. While the size of a company's personnel cannot be the sole consideration for USCIS to determine a petitioner's eligibility for an EB-1C petition, this factor is relevant for USCIS and should be considered, as it allows USCIS to GAUGE the petitioner's ability to RELIEVE the beneficiary from having to primarily engage in the daily operational tasks of an organization. When a petitioner fails to provide a detailed description of the beneficiary's proposed tasks within the context of the organizational hierarchy at the time of filing, USCIS may conclude that the beneficiary would be required to assist with daily operational tasks and would not be able to focus on primarily qualifying managerial or executive tasks. Some petitioners may argue that their beneficiary's proposed position fits under the statutory definitions for managerial and executive capacity, and USCIS adjudicators should not place undue emphasis on the size of the petitioning entity's support staff without taking into account the reasonable needs of the organization. While the size of a company's personnel cannot be the sole consideration for USCIS to determine a petitioner's eligibility for an EB-1C petition, this factor is relevant for USCIS and should be considered, as it allows USCIS to gauge the petitioner's ability to relieve the beneficiary from having to primarily engage in the daily operational tasks of an organization. When a petitioner fails to provide a detailed description of the beneficiary's proposed tasks within the context of the organizational hierarchy at the time of filing, USCIS may conclude that the beneficiary would be required to assist with daily operational tasks and would not be able to focus on primarily qualifying managerial or executive tasks. |
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