Not by the title alone. Identify the actual function, its importance, the applicant’s authority and who performs its underlying work.
Make the function assessable
Explain its boundaries and the applicant’s primary duties. A collection of useful tasks does not automatically establish management of an essential function. Have the actual arrangement assessed with the other L requirements.
Describe the staff or other resources performing routine tasks and how the applicant directs the function. Identify what the applicant decides across the operation and who performs local delivery. Separately establish the applicant’s qualifying history and primarily managerial or executive US role rather than rely on the replacement’s job title. Identify who performs the routine service or production work that the applicant is not expected to perform personally. Managerial capacity generally means supervising and controlling the work of other supervisory, professional or managerial employees, or managing an essential function of the organization, with authority over hiring and firing or over day-to-day operations at a senior level. L-1A recognizes a manager of an essential function who operates at a senior level and sets its policy, provided the routine work is done by others. Cases weaken when a senior title masks work that is mainly individual production or day-to-day supervision.