Because a chart proves reporting lines, not managerial capacity. The petition has to choose which of the two managerial theories it relies on, supervising other supervisory, professional or managerial employees or managing an essential function at a senior level, and then produce the evidence that theory needs. A chart of line workers reporting to the transferee supports neither on its own.
Choose the theory first, then build the chart to prove it
Hypothetical example: Frederick's petition arrives with a complete organisational chart: twenty-six names, real titles, clear reporting lines running to him. Every one of the eleven people below him is a machine operator or a shipper, none of them supervises anybody, and none holds a professional qualification. The chart is honest and well drawn and it still does not answer the question being asked.
Managerial capacity is established one of two ways: by supervising and controlling the work of other supervisory, professional or managerial employees, or by managing an essential function of the organisation at a senior level, and in either case by exercising discretion over the day-to-day operations of the activity managed. On these facts the first theory fails on the face of the chart, so the petition has to run the second one deliberately rather than hope the chart carries it. That means naming the function in words, production planning across three sites for instance, showing that he sets its policy rather than performs it, and marking against each subordinate whether that person supervises anyone and how many staff sit beneath them, because that is the fact the first theory turns on and its absence should be visible rather than glossed.
The job description should allocate his week by activity with rough percentages and state plainly who he may hire, dismiss, promote or discipline. Where the American entity is small, the honest answer may be that the role is a first-line supervisory job, and it is better to establish that before filing than to receive it back as a refusal.
- USCIS: L-1A intracompany transferee executive or manager
- USCIS Policy Manual, Volume 2 Part L: intracompany transferees
- USCIS: L classification documentation and evidence
- eCFR: 8 CFR 214.2(l), intracompany transferees
- Department of State: 9 FAM 402.12, intracompany transferees
- USCIS: Form G-1055, fee schedule