No. The evidence needs to show the person will actually direct the function or organization claimed, not merely hold a title associated with authority. If a co-owner or another manager makes the real operating decisions, the title alone will not establish the required managerial or executive capacity.
Separate the title from the actual decision rights
Write out exactly what the applicant would decide after the transfer and who else currently makes those same decisions. Identify who is actually doing the routine service or production work in the business. Where several owners or managers are involved, have counsel review the control question against the actual records — an organizational chart is a helpful starting point, not a substitute for supporting evidence.
Test authority through the proposed workweek and reporting structure. The organizations need a qualifying parent, branch, subsidiary, or affiliate relationship and must carry on business in America and another country throughout the stay. Within the relevant preceding three-year period, the transferee generally needs one continuous year of full-time work physically abroad for a qualifying organization in a managerial, executive, or specialized-knowledge capacity; the American position must be primarily managerial or executive. Gather ownership records, payroll history, charts, subordinate job descriptions, and examples of controlled decisions. The familiar mistake is counting senior operational expertise as management while the transferee personally performs the core service.
Hypothetical example: a Windsor greenhouse-equipment manufacturer wants its operations director to lead an established American subsidiary. She maps who approves supplier contracts, sets budgets, hires supervisors, and handles installation work. The record shows her qualifying foreign year and that she will direct department heads rather than install irrigation systems herself. Counsel compares those facts with corporate documents before the company relies on her vice-president title, flagging one purchasing function the Canadian president will retain.