No. The underlying positions and the applicant’s primary duties still need assessment.
Explain the substance of the hierarchy
Describe who directs people or functions and who delivers the service. Do not create a qualifying layer by renaming employees whose actual work remains unchanged.
The regulation treats a manager as someone who manages the organization, a department or an essential function, supervises other supervisory, professional or managerial employees or manages a function, and has authority over hiring, firing and day-to-day operations. Only if the preceding eight months of senior-analyst work involved specialized knowledge of the firm’s methods, so that a continuous qualifying year exists; otherwise the petition should wait until twelve months as a manager have accrued. Personnel management is measured by the character of the employees supervised, so a general manager with a large but non-professional crew can fall outside it while a director with three analysts falls inside. The first review should produce an eligibility map separating related-company proof, foreign employment, and primary U.S. managerial or executive duties.; each conclusion should point to the record that settles it. The question is whether the proposed US duties are primarily managerial or executive on the facts, and outsourcing shifts that inquiry toward who directs the providers, sets budgets, and decides the organisation's direction.