Do not decide the case from that single fact. Assess the actual primary duties, level of authority and relevant managerial or executive standard.
Describe the allocation of decisions accurately
Identify what the applicant manages and what remains reserved. A claim should neither invent unlimited discretion nor assume any oversight makes the role nonmanagerial. The real responsibilities and support govern the assessment.
The executive definition concerns primarily directing management of the organization or a major component or function, establishing goals and policies, exercising wide discretionary latitude and receiving only general supervision or direction from higher executives, the board or owners. Use the operating budget to verify the structure behind the proposed role: salaries or vendor costs should correspond to people performing routine work, while the transferee’s forecast duties should show authority over goals, policy, personnel, or an essential function. Multiple sites help only if the transferee is chiefly setting policy, approving budgets, directing subordinate managers or professional staff there, or managing an essential function at a senior level with discretion, rather than personally covering the floor. The classification also requires one continuous year of qualifying employment with the organisation abroad within the three years preceding the filing, in a managerial, executive, or specialized-knowledge capacity, so a founder who ran the company informally still needs that period evidenced.