The employee must have a permanent job offer in a primarily managerial or executive position with a qualifying US employer.

No. The employee must have been employed abroad by a qualifying organization for 1 year out of the previous 3 years.

No. If a CEO primarily performs day-to-day operations and not activities of an “executive” nature, that employee might not be eligible for an EB-1C visa.

Managerial capacity includes both personnel managers and function managers.

As it relates to personnel managers, managerial capacity means an assignment within an organization in which the employee primarily:

• Manages the organization, department, subdivision, function, or component of the organization;
• Supervises and controls the work of other supervisory, professional, or managerial employees;
• Possesses authority to hire and fire or recommend those and other personnel actions (such as promotion and leave authorization) for employees directly supervised; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

A first-line supervisor is not considered to be acting in a managerial capacity merely by virtue of the supervisor’s supervisory duties unless the employees supervised are professional.

As it relates to function managers, managerial capacity means an assignment within an organization in which the beneficiary primarily:

• Manages the organization or a department, subdivision, function, or component of the organization;
• Manages an essential function within the organization or a department or subdivision of the organization;
• Functions at a senior level within the organizational hierarchy or with respect to the function managed; and
• Exercises discretion over the day-to-day operations of the activity or function for which the employee has authority.

An employee may qualify as a function manager if that employee has and will be primarily managing or directing the management of a function of an organization, even if the beneficiary did not or will not directly supervise any employees.

The term “executive capacity” means an assignment within an organization in which the employee primarily:

• Directs the management of the organization or a major component or function of the organization;
• Establishes the goals and policies of the organization, component, or function;
• Exercises wide latitude in discretionary decision making; and
• Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.