Executive Capacity for the L Visa

How Does USCIS Define Executive Capacity?

“Executive capacity” is defined in 8 U.S.C. §1101(a)(44)(B):

The term “executive capacity” means an assignment within an organization in which the employee primarily:

  • directs the management of the organization or component or function of the organization;
  • establishes the goals and policies
  • exercises a good deal of discretionary decision-making; and
  • receives only general supervision or direction from directors, stockholders or higher ups 

 

Managerial Capacity

 

“Managerial capacity” is defined in 8 U.S.C. §1101(a)(44)(A):

The term ‘managerial capacity’ means an assignment within an organization in which the employee primarily:

  • manages the organization, or a department, subdivision, function, or component
  • supervises and controls the work of others
  • manages an essential function within the organization, department or subdivision of the organization
  • has the authority to hire and fire or recommend other personnel for promotion
  • functions at a senior level within the organizational
  • exercises discretion over the day-to-day operations

If you would like to read the full definitions of these or other terms used in immigration law, please read more at the government website here:  http://www.state.gov/documents/organization/87228.pdf

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