Not automatically. The question is what authority and primary duties the applicant actually has within the structure.
Explain decisions that remain with the applicant
Identify genuine discretionary responsibilities and how the employee directs people or an essential function. Distinguish routine coordination from management. Senior reporting lines alone do not decide the case; the file should show the substantive role and its support while preserving the separate foreign-employment and corporate requirements.
Managerial capacity is usually shown by supervising and controlling the work of other supervisory, professional or managerial employees, having authority over hiring and firing or recommending those actions, and exercising discretion over day-to-day operations. Where the corporate structure involves several owners or holding entities, ask counsel to assess control using the actual governing documents rather than a simplified organizational chart. Most companies already hold a document listing who may authorise spending, hiring and terminations at each level, and that document usually answers the managerial-capacity question faster than a role description written for the file. The expectation is generally one continuous year of qualifying employment with the related organisation abroad within the relevant preceding three-year period, and how a leave, a resignation, or time spent in the United States interacts with that window is a case-specific question for counsel.