The alien must be coming to the U.S. to
work in a managerial or executive capacity.
Under INA, “managerial capacity” means that the employee
primarily manages the organization, controls the work of other supervisors,
or manages a function, has the authority to hire or fire, exercise discretion
over the day-to-day operations or function for which the employee has
the authority. “Executive capacity” means that the employee
primarily directs the management, establishes goals and policies, and
exercises wide latitude in decision-making.