Not by itself. Assess the applicant’s actual primary duties and level of responsibility.
Identify the core work that remains
A bookkeeping contract may explain one service without showing who performs the operation’s central work. Describe that division accurately before drawing a classification conclusion.
The regulation defines managerial capacity around supervising other supervisory, professional or managerial employees, or managing an essential function at a senior level, together with authority to hire and fire and discretion over daily operations. Ownership can help explain the corporate relationship, but the qualifying foreign employment and the managerial or executive nature of the proposed U.S. role still need to be independently established. Distinguish setting service policy, approving exceptions, allocating budgets, and directing professional staff from diagnosing faults or personally delivering routine remedies. The transferee needs one continuous year of full-time employment abroad in a managerial, executive, or specialized-knowledge capacity within the relevant preceding three-year period, while the proposed American duties must be managerial or executive. Include who hires, evaluates, disciplines, and directs daily production; otherwise a small team can look managerial on paper while the transferee remains the principal producer.