Managerial or Executive Capacity

The Nitty-Gritty of Qualifying for L-1A Classification: Essential Requirements for Executive or Managerial Positions

Managerial capacity means an assignment within an organization in which the employee primarily:

• Manages the organization, or a department, subdivision, function, or component of the organization;
• 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;
• 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
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

There are two types of managers, functional managers and personnel managers. Please note that first-line supervisors who supervises the work of non-professional employees will be not considered as managers, even though they may be referred to as managers in their organization.

If it is a functional managerial position documentary evidence is required to establish that the function is a clearly defined activity and is core to the organization, the beneficiary will: primarily manage, as opposed to perform, the function; act at a senior level within the organizational hierarchy or with respect to the function managed; and exercise discretion over the function’s day-to-day operations.

A functional manager who primarily manages an essential function can also be supported by personnel outside the United States within an international organization who perform the day-to-day administrative and operational duties.

If it is a personnel managerial position documentary evidence is required to establish the managerial authority over the subordinate employees that includes hiring and firing of subordinates or recommending these and other personnel actions.

Executive capacity means an assignment within an organization in which the employee primarily:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goal and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decisions; and
• Receives only general supervision or direction from higher-level executives, the board of directors, or stockholder of the organization

USCIS does not consider a beneficiary to be acting in a managerial or executive capacity merely based on the number of employees that they:

• Supervise or have supervised; or
• Direct or have directed.

USCIS examines the petitioner’s description of the job responsibilities to assess if the duties are primarily of an executive or managerial character. This ensures that a beneficiary not only has the requisite authority, but that a majority of their duties relate to operational or policy management, not to the supervision of nonprofessional employees, performance of the duties of another type of position, or other involvement in the operational activities of the company.

A beneficiary may not claim to be employed as a hybrid “executive/manager” and rely on partial section of the two statutory definitions. If a petitioner chooses to represent the beneficiary as both an executive and manager, it must establish that the beneficiary meets each of the four criteria set forth in both the statutory definition for executive and statutory definition for manager.

USCIS reviews the totality of record when examining the managerial or execute capacity of the beneficiary. This includes company’s organizational structure, the duties of subordinate employees, the presence of other employees to relieve the beneficiary from performing operational duties, the nature of the business and any other factors that will contribute to understand a beneficiary’s actual duties and a role in a business.

We have put together a list to aid in navigating the process of establishing an executive or managerial position

Documents that can establish Executive position:

• A letter from the authorized official of the United States and foreign organization providing a detailed description of duties.
• Internal emails with subordinate staff and other executives and managers
• External emails or correspondence with customers or vendors
• Publications in the media about the executive
• Internal policy documents
• Annual report narratives
• Contracts showing the executive as a signatory
• Financial documents listing the executive and their capacity
• Payroll information or pay statements evidencing employment of subordinate staff
• Organizational charts

Documents that can establish Managerial position:

• A letter from the authorized official of the United States and foreign organization providing a detailed description of duties.
• Internal emails with subordinate staff
• Offer letters or termination letters issued to subordinate staff
• Leave approvals of subordinates
• Annual assessments of subordinates
• External emails or correspondence with customers or vendors
• Internal management documents
• Contracts showing the manager as a signatory
• Business documents showing the manager and their capacity
• Organizational charts
• Degrees/diplomas of professional subordinate staff
• Payroll information or pay statements evidencing employment of subordinate staff