Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Question on EB1-C managerial category when managing full…

Question on EB1-C managerial category...
Question on EB1-C managerial category when managing full time consultantsI satisfy all criteria for EB1-C managerial category as listed in USCIS website. My team is globally distributed in various countries and I managed them remotely.
Question:
The team is comprised of full time consultants/freelancers (not employees). Does USCIS expect the team to be managed to be employees or is consultants/freelancers also fine as long as they are full time.
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 2 minutes by:
3/14/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,005
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified

Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Ask Your Own Immigration Law Question

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Are you a front level manager or a high level manager managing or supervising other managers and/or supervisors?

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
i'm a high level manager managing or supervising other managers and/or supervisors. But, I would want to know for front level manager as well.

Then most likely you wouldn't be able to qualify as a front-line supervisor or manager. For EB-1C you have to be a high level manager. Here is the official link:

https://fam.state.gov/FAM/09FAM/09FAM050204.html

Specifically:

(4) Defining “Managerial Capacity”:

(a) “Managerial capacity” as defined in INA 101(a)(44)(A) means an assignment within an organization in which the employee primarily:

(i) Manages the organization, or a department, subdivision, function, or component of the organization;

(ii) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;

(iii) If another employee or other employees are directly supervised, has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, functions at a senior level within the organization hierarchy or with respect to the function managed; and

(iv) Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

(b) A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of supervisory responsibilities unless the employees supervised are professional.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Ask Your Own Immigration Law Question

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Ask Your Own Immigration Law Question
Customer reply replied 1 month ago
Hi Guillermo,My original question is still not answeredRepasting it again:
Does USCIS expect the team to be managed to be employees or is consultants/freelancers also fine as long as they are full time.

That's fine, but you should have let me know that it hadn't been answered. Unfortunately, that news is not good and I ask that you not get upset with me about it as I did not write the laws. Direction of consultants and freelancers are not really taken into consideration by USCIS. Take a look at this link:

http://www.greencardapply.com/manager/eb1c-questions.htm

Look a little after the middle of the page, where it says "Q. Who are the professionals".

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,005
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
Ask your own question now

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

Ask Your Own Immigration Law Question
Was this answer helpful?
Ask Guillermo J. Senmartin, Esq. Your Own Question
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 112,005
112,005 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

Guillermo J. Senmartin, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,990 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

112,005 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
Do you how for a person stay in U.S.A able to apply Card?
Hi, Wilson. Do you how long for a person stay in U.S.A able to apply Green Card? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I was convicted of a felony in 1991 but never saw a
I was convicted of a felony in 1991 but never saw a immigration judge. This all happened in Detroit. I was returning from Mexico and Customs told my green and gave me a court date that could up to two… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I need to know were to send application I-212 it is very
I need to know were to send application I-212 it is very confused … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I have been cited for speeding and paid the fines in 2009
I have been cited for speeding and paid the fines in 2009 and 2010. I do not remember the exact dates of my speeding tickets. I have been cited for speeding in March 2015. Should I mention it in my ci… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have a few more questions about sponsorship. I've heard
Hi Jen I have a few more questions about sponsorship.I've heard that for the first interview a the US embassy abroad they look down upon a joint sponsor that is not the fiancé and by doing this gives … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I would also like some information about the process
Ok thank you. I would also like some information about the process following the marriage. I understand you can then apply for a green card. How long does this usually take? What if this process takes… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My wife is currently waiting for approval from USCIS for
Hello,My wife is currently waiting for approval from USCIS for Form I-131. It was filed 12/27 and biometrics were done 1/30. When should she expect to receive it? We are in NJ.… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
Can a Mexican wife divorce her Mexican husband while living
Can a Mexican wife divorce her Mexican husband while living in CA ? She is here illegally, then marries a US citizen. Is this marriage valid ?… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,208 satisfied customers
I've petition for my parents to come to USA. I130, followed
Hi. I've petition for my parents to come to USA. I130, followed by D260. 1) In D260, I've requested to issue a SS#. Will this SS# ***** sent by mail? My parents have been admitted to the US (arrived t… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
Our 501-c3 would like to pay the cost of bringing a person
Our 501-c3 would like to pay the cost of bringing a person to the US for 2 months. He is from a foreign country where we have worked with him for 14 years. He is a volunteer in the work and has never … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I've been asked to go to the US Embassy in Mexico City for
I've been asked to go to the US Embassy in Mexico City for a follow up appointment about my H1-B stamping because of an arrest for solicitation. The charges have since been dropped, but the arrest is … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I cam here on a J1 visa to work as counselor at camp and my
Hi, I cam here on a J1 visa to work as counselor at camp and my visa was sponsored by Interexchange. I have 2 year rule on my visa and I over stayed. I married a US Citizen and I already talked to my … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
My husband is from Tunisia, and we are trying to file for a
My husband is from Tunisia, and we are trying to file for a greencard-- We were using an online service, but they couldn't continue because he previously had a J1 Visa-- My husband had a J1 visa, went… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
I have immigration issues i want to clarify few things. My
I have immigration issues i want to clarify few things … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
My girlfriend who is a French citizen, she has been coming
my girlfriend who is a French citizen, she has been coming to visit me here in US and go but then i was married to someone else. I have married previously and it was through that i got my citizenship … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Can you help me with an OPT immigration question? We have
not recently - we want to find talk to one now this is about the OPT … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
Is applying for an assylym or refugee something popular in
Hello,Is applying for an assylym or refugee something popular in USA? Is it something recommended to go through , or is it a very tough process?Thank you… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers
The status on a pending AOS application just changed to: "At
The status on a pending AOS application just changed to:"At this time USCIS cannot provide you with information for your case. Please contact the USCIS Contact Center at 1-***-***-**** for additional … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
112,005 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x