No. The person’s primary duties and actual authority must establish the qualifying capacity.
Explain the work the manager retains
Describe decisions and responsibility, as well as tasks delegated. Paying a contractor does not establish that the transferee is relieved of operational work in practice.
The definition of managerial capacity expressly includes managing an essential function within the organization, and health and safety compliance in a crane and rigging business may be an essential function if the petition establishes its importance to the organization. Only if the preceding eight months of senior-analyst work involved specialized knowledge of the firm’s methods, so that a continuous qualifying year exists; otherwise the petition should wait until twelve months as a manager have accrued. For a training operations director this means showing what the person directs: which programmes and instructors, what budget authority, who is hired and fired on their decision, what discretion exists over scheduling, pricing and accreditation. Executive capacity turns on directing the management of the organization with wide discretion under only general supervision; managerial capacity turns on managing a department, function or subdivision and supervising professional or supervisory staff. The transferee must have completed one continuous year of qualifying employment abroad with a related entity within the three years preceding the transfer, and a qualifying parent, branch, subsidiary or affiliate relationship must exist between that entity and the United States employer.