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A: An executive capacity is an assignment within an organization in which the employee primarily:
• Directs the management of the organization or a major component or function;
• Establishes goals and policies;
• Exercises wide latitude in discretionary decision making; and
• Receives only general supervision or direction from higher-level executives, board of directors or stockholders.
This is one of the main issues of contention with the USCIS, whether an individual will be charged with qualifying executive level duties. Our lawyers are experienced in these matters and can assist you today.