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Explore visasEB-1CCommon RFE topics

Managerial or executive capacity

Managerial capacity

Whether the role primarily manages a department, function or component and supervises managers or professionals.

What USCIS is questioning

  • Whether the person primarily manages the organization or a department, subdivision, function or component, rather than doing its work.[1]
  • Whether the people supervised are supervisors, managers or professionals, and whether the person has real authority to hire, fire or recommend personnel actions.[1,2]

The legal standard

  • INA 101(a)(44)(A) and 8 CFR 204.5(j)(2) set four elements: managing the organization or a unit; supervising supervisory, professional or managerial staff, or managing an essential function; personnel authority, or a senior level if no one is directly supervised; and discretion over day-to-day operations.[1,2]
  • A first-line supervisor isn't a manager merely because of supervising, unless the employees supervised are professionals (INA 101(a)(44)(A); 8 CFR 204.5(j)(4)(i)).[1,2]
  • If the person also performs non-managerial tasks, the description must show what share of the time is managerial; someone who primarily performs non-managerial duties doesn't qualify.[3]

How the request usually reads

  • Interpretation RFEs often note that the description lists broad responsibilities without showing how the person's time is divided, and ask for duties with percentages for both the U.S. and the foreign job.[3,4,5,6]
  • Interpretation They also commonly ask for the subordinates' titles, duties, education, salaries and whether they work full or part time.[4]

Evidence petitioners often provide

  • Interpretation Duty descriptions with time percentages for the manager and for each direct report.[3]
  • Interpretation Records showing personnel authority in practice, such as approved leave requests, hiring or performance decisions.[4]
  • High confidence Evidence that subordinate positions require a bachelor's degree, when the claim rests on supervising professionals.[2,4]

Where responses go wrong

  • Interpretation Claiming both personnel-manager and function-manager status without developing either; USCIS evaluates what the evidence actually supports.[6,7]
  • Supervising non-professional staff directly, which makes the role look like first-line supervision.[1]

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.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 37676082 (June 12, 2025)USCIS Administrative Appeals Office · AAO decision · Published Jun 12, 2025 · Checked Sep 27, 2026
  5. 5.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
  6. 6.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 43475714 (June 24, 2026)USCIS Administrative Appeals Office · AAO decision · Published Jun 24, 2026 · Checked Sep 27, 2026
  7. 7.Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017)USCIS Administrative Appeals Office · AAO decision · Published Nov 8, 2017 · Checked Sep 27, 2026