What are the other important issues of executive and managerial capacities?
The USCIS frequently focuses on the number and level of subordinate employees when evaluating if a position is managerial. If there are few or no subordinates, then petitions are routinely denied, even if the prospective immigrant is the highest level employee and responsible for an essential function.Further, the subordinates must themselves be managers, supervisors, or professionals. Q: Who are the professionals A: The word “professional” here means a worker holding a university degree. The USCIS considers professionals to be individuals with at least a baccalaureate degree who are performing jobs which require that education.Non-employee subordinates are also discounted by the USCIS, so that the direction of independent contractors or commission based staff carries little or no weight. First-line supervisors are not considered acting in a managerial capacity, unless the employees who are supervised are themselves considered professional.
