The assessment concerns actual primarily managerial or executive duties. Explain differences between the title and work rather than relying on senior wording alone.
Preserve the real responsibilities
A founder may hold authority while also doing operational tasks. Describe both accurately so the actual role can be assessed. An owner or major stockholder also must show temporary U.S. services and a subsequent assignment abroad.
The regulation asks whether the employee primarily manages the organization or a department, supervises and controls the work of other supervisory or professional employees or manages an essential function, has authority over hiring and firing, and exercises discretion over day-to-day operations. Executive capacity is described in terms of directing the organization or a major component of it, setting goals and policies, exercising wide discretion, and receiving only general supervision. Where several family members or holding entities are involved, have counsel assess control from the actual corporate records rather than a summary chart, since the chart is only a starting explanation. Confirm payroll, duties, and the parent, branch, subsidiary, or affiliate link; for a non-new office, the qualifying organization must be doing business as an employer in the United States and at least one other country, while a new office must meet the separate commencement requirements.