EB1C Eligibility For Engineering Lead

Dear Anil,
Thank you for the valuable information on the site. Your winning many hearts of the Immigrants !!

Coming to my Query,

I left Company A in INDIA on June 2017 as an Engineering Lead (Lead Technical) and more than 10 Engineers use to report me like TSE,SE and SSE’s.

From 2017 July, I joined Consulting Company B in USA on H1B as a Senior Developer and the Company B has applied I140 under EB2 on October 10th 2019 and it is still in progress and I Left the Company B in October 2019.

Now I joined back to Company A on October 2019 in USA as a Software Engineer 4 (Engineering Lead) But i don’t have any professionals reporting to me officially but it is a Senior Position and also if it is documentation purpose then i can manage setting up the indirect reporting professionals to me since i have indirect reporting professionals.

I just wanted to know that am i eligible for EB1C? What will happen to EB2?
Please guide me so that i can talk to my Employer A for EB1C.
Looking forward to hearing for a valuable suggestion.
Thanks and Regards,

I don’t think you are eligible for EB1 at this time.

Hi Anil,

Thank you for the suggestion.
Just curious to know the reason. Please explain.


For EB1, you have to work as a manager outside US and that too within last 3 years.

If you can prove it, then you may file as EB1.

In the absence of your work details, it is not possible to suggest anything else.

Technical lead or engineering leads do not usually qualify for EB1.

Thank You Anil for the Prompt Response!!

By 2020 June it is going to be 3 years.
I joined them back within 3 years span of time.
I’ll give a try and let you know if there’s any luck.

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I need help from the group on a few of the queries related to EB1-C(managerial role) especially to point below

“Must have been employed outside the U.S. for 1 of the preceding 3 years by a firm or corporation, in a managerial or executive capacity.”

I came to the US in Dec 2017 on an L1A visa, and now my company is planning to fill my case to EB1-C (managerial category) by early next year(Jan-Feb). So with reference to the above statement, it means I still qualify for EB-1C even my three years would be over in Dec 2020 because I was working in a managerial position for a couple of years at our offshore location till 2017 before coming to the US

Please help in correcting myself If I have got it wrong.

Hi @sandeepbit

You can read about the situations and how the last 3 years are counted here for EB1C.

Hello, appreciate if anyone know the answer to this - I worked as Manager for 4 years in India with multi-national Company-A, moved to US through same Company-A in May 2019 on H1B and worked as Manager for 2 years, changed employer in June 2021 to Company-B. Am I eligible for EB1c if my previous employer is ready to file my GC (i.e., Company A)?