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Explore visasEB-1CCommon RFE topics

Managerial or executive capacity

Executive capacity

Whether the U.S. or foreign role primarily directs the organization rather than doing its day-to-day work.

What USCIS is questioning

  • Whether the person primarily directs the management of the organization or a major component, sets goals and policies, and has wide discretion under only general supervision.[1,2]
  • Whether enough employees or contractors handle day-to-day operations so the person can actually work at the executive level.[3]

The legal standard

  • INA 101(a)(44)(B) and 8 CFR 204.5(j)(2) define executive capacity with four elements: directing management, setting goals and policies, wide latitude in decisions, and only general supervision from above.[1,2]
  • The Policy Manual says an executive title, or spending some time directing the business as its owner, isn't enough; the focus is the person's primary duties.[3]
  • The petitioner must prove this by a preponderance of the evidence, and it must be true at filing and through the decision.[4,5]

How the request usually reads

  • Interpretation RFEs on this point usually say the job description is too general to show what the person does day to day, and ask for a list of specific tasks with the percentage of time spent on each.[3,6]
  • Interpretation They often ask who performs the operational work, such as sales, purchasing or bookkeeping, and request evidence of the staff who relieve the person of those tasks.[3,6,7]

Evidence petitioners often provide

  • High confidence A detailed duty breakdown with time percentages, tied to the organization as it existed on the filing date.[3,6]
  • Interpretation An organizational chart with names, titles and duties of the management tier and the staff below it.[3]
  • Interpretation Payroll records, Forms W-2 or contractor agreements showing who handles operations.[3,8]
  • Interpretation Records of executive decisions in practice, such as board resolutions, approved budgets or policies the person issued.[3]

Where responses go wrong

  • Duty lists that repeat the statute's words; USCIS treats that as not meeting the burden of proof.[3]
  • High confidence Describing a restructured team that didn't exist at filing; eligibility is judged on the facts at filing.[4,6]
  • High confidence Emails, titles or W-2s that contradict the organizational chart, which leads officers to question the rest of the record.[5,6]

AAO decisions on this issue

This information is for general informational purposes and is not legal advice. It does not create an attorney-client relationship and does not predict the outcome of any individual case.

Sources

  1. 1.8 U.S.C. 1101 (INA 101) - Definitions, incl. 101(a)(15)(E), (H), (L), 101(a)(44), 101(a)(45)U.S. House of Representatives, Office of the Law Revision Counsel · Statute · Checked Sep 27, 2026
  2. 2.8 CFR 204.5 - Petitions for employment-based immigrantseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  3. 3.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  4. 4.8 CFR 103.2 - Submission and adjudication of benefit requestseCFR (Office of the Federal Register) · Regulation · Checked Sep 27, 2026
  5. 5.USCIS Policy Manual, Volume 1, Part E, Chapter 6 - EvidenceUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  6. 6.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 41372977 (Feb. 26, 2026)USCIS Administrative Appeals Office · AAO decision · Published Feb 26, 2026 · Checked Sep 27, 2026
  7. 7.Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)USCIS Administrative Appeals Office · AAO decision · Published Apr 14, 2016 · Checked Sep 27, 2026
  8. 8.USCIS Policy Manual, Volume 6, Part E, Chapter 4 — Ability to PayUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  9. 9.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 42917310 (Aug. 7, 2026)USCIS Administrative Appeals Office · AAO decision · Published Aug 7, 2026 · Checked Sep 27, 2026