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L-1 Intracompany Transferee Manager Executive

The following are the definitions of "manager" and "executive" used by U.S. Citizenship and Immigration Services in judging eligibility for certain L-1 Intracompany Transferee and EB-1 Priority Worker Multinational Manager/Executive classifications

Please note that there are two kinds of managerial capacity employees – the “traditional” or “line” manager, and the “functional” manager.  We have included the definitions of each kind of manager, below.

Executive Capacity

An assignment within an organization in which the employee primarily

  1. directs the management of the organization or a major component or function of that organization,
  2. establishes the goals and policies of the organization, component or function,
  3. exercises wide latitude in discretionary decision-making, and
  4. receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Managerial Capacity

(Traditional or Line Manager)
An assignment within an organization in which the employee primarily

  1. manages the organization, or a department, subdivision, or component of the organization
  2. supervises and controls the work of other supervisory, professional, or managerial employees
  3. has the authority to hire and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) if another employee or other employees are directly supervised; and
  4. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.

Note that a first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor's supervisory duties unless the employees supervised are professional.

Managerial capacity

(Functional Manager)

An assignment within an organization in which the employee primarily

  1. manages a function of the organization
  2. manages an essential function within the organization or (within) a department or subdivision of the organization
  3. functions at a senior level within the organization hierarchy or with respect to the function managed, and
  4. exercises discretion over day-to-day operations of the activity or function for which the employee has authority.
 

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