Xie Law Offices, LLC
To qualify as an "executive", the alien worker must:
1. Direct the management of the organization or a major component or function of the organization;
2. Establish the goals and policies of the organization, component or function;
3. Exercise wide latitude in discretionary decision-making;
4. Receive only general supervision from higher level executives, the board of directors, or stockholders of the organization.
 

To qualify as a "manager", the alien worker must:

a. Manage the organization, or a department, subdivision, function, or component of the organization.
b. Supervise and control the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization.
c. Have the authority to hire and fire supervised employees, or recommend them for promotion or other personnel action, or (if there are no immediate supervisees) function at a senior level within the organizational hierarchy; and
d. Exercise direction over the day to day operations of the activity or function over which the worker has authority.
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