Since the position HELD by the EB1C Green Card applicant both in and out of the U.S. are required to be executive or MANAGERIAL in nature, the exact meaning of these terms is important.

Managerial capacity has been defined to mean an assignment with an organization in which the employee personally:

1. Manages the organization, or a department, subdivision, function, or component of the organization;
2. Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
3. If another employee or other employees are directly supervised, has the authority to HIRE and fire or recommend those as well as other personnel actions (such as promotion and leave authorization) or, if no other employee is directly supervised, function at a senior LEVEL 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. A first-line supervisor is not considered to be acting in the managerial capacity merely by virtue of the supervisory duties unless the employees supervised are professionals.

Since the position held by the EB1C Green Card applicant both in and out of the U.S. are required to be executive or managerial in nature, the exact meaning of these terms is important.

Managerial capacity has been defined to mean an assignment with an organization in which the employee personally: