Examine what the supervisor manages
Identify the employees’ roles and whether the proposed position satisfies the applicable managerial definition. First-line supervision of nonprofessional employees does not qualify merely because the applicant supervises them. A supported function-manager analysis, if applicable, has its own requirements. A first review should compare the proposed role with calendar, delegation, and approval records, not merely with a polished job description prepared for the petition.
Identify who delivers the service
Show how operational tasks are allocated and what authority the transferee exercises. Explain the organization’s reasonable needs without treating small size as an automatic bar or an exemption from the duties standard. A plan that assigns every task to the transferee deserves close review. List the recurring hands-on tasks and the employees, contractors, or systems that will do them. This exposes whether management is primary rather than aspirational.
Prove the foreign employment
Establish one continuous year of qualifying employment abroad within the three years before the petition and the capacity actually served. Use dated employment, payroll and role evidence. A new US title does not change the historical nature of the foreign position. Payroll, tax records, dated job descriptions, and supervisor evidence can settle the foreign-employment period. Gaps should be explained from source records, not reconstructed from memory.
Complete the corporate evidence
Document the parent, branch, subsidiary or affiliate relationship and show that both the U.S. and foreign entities are actively doing business. A new-office petition requires secured physical premises and evidence that the operation can support the managerial or executive role within one year; its initial approval is limited to one year. Incorporation alone does not show ongoing business activity. Trace ownership through each entity and show both organizations are doing business. For a new office, distinguish secured facts from forecasts and retain the budget supporting the first year.
Sources reviewed 2026-09-07. This guide covers a preparation focus; it is not an individual eligibility assessment.
