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Explore visasEB-1CCommon RFE topics

Staffing and organization

Subordinate duties

Whether the people below the manager really do the work that frees them to manage.

What USCIS is questioning

  • What each subordinate actually does, and whether their duties match their place in the organizational chart.[1]
  • Whether subordinates described as supervisors or managers actually supervise anyone.[1]

The legal standard

  • The Policy Manual says the duties of the beneficiary and subordinates must correspond to their place in the structure; artificial tiers and inflated titles don't support a managerial finding.[1]
  • For smaller organizations, officers may ask for position descriptions for the managerial and executive staff.[1]
  • A first-line supervisor isn't a manager merely because of supervising, unless the employees supervised are professionals; a personnel manager's subordinates must be supervisors, managers or professionals (INA 101(a)(44)(A)).[2]

How the request usually reads

  • Interpretation RFEs and denials on this point focus on each subordinate's job description, the education the position requires, pay, and whether the job is full or part time.[3,4]
  • Interpretation They may point out that a 'manager' in the chart has no one reporting to them and ask who does the hands-on work.[1]

Evidence petitioners often provide

  • Interpretation Position descriptions for each subordinate that match the chart and payroll.[1]
  • Interpretation Work products or records showing subordinates doing the operational work.[5]

Where responses go wrong

  • Titles like 'manager' for people who perform the tasks themselves, which USCIS may treat as inflated.[1]
  • High confidence Subordinate duties that change between filing, RFE response and appeal without explanation.[4,6]

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.USCIS Policy Manual, Volume 6, Part F, Chapter 4 — Multinational Executive or ManagerUSCIS · USCIS Policy Manual · Checked Sep 27, 2026
  2. 2.8 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
  3. 3.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
  4. 4.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
  5. 5.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
  6. 6.AAO non-precedent decision, Form I-140 multinational manager or executive, In Re: 39666475 (Oct. 7, 2025)USCIS Administrative Appeals Office · AAO decision · Published Oct 7, 2025 · Checked Sep 27, 2026
  7. 7.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