No. A personnel-management claim generally needs supervision and control of supervisory, professional or managerial employees, appropriate personnel authority and primarily managerial duties. Team size and a manager title alone do not decide eligibility.
Examine the level of supervision
Prepare a short description of each direct report’s job and the decisions the beneficiary makes about that employee. If the work is primarily first-line supervision of nonprofessional staff, flag it for counsel rather than disguising it. The corporate relationship and qualifying foreign-employment requirements still apply even if the proposed U.S.
management role is well supported. A useful way to test the claim is to ask what would stop if the manager were absent for a month. If the answer is that the work itself would stop, the role is likely to be operational rather than managerial; if the answer is that decisions would queue, the managerial argument has something to stand on.
Write down the three decisions the position makes that nobody below it can make. Remember that the capacity question is only one of several: a qualifying corporate relationship must exist between the foreign and U.S. entities, and the employee generally must have completed one continuous year of qualifying employment abroad within the preceding three years.
A company that has recently restructured should check whether the relationship it relies on today existed throughout the period it intends to count.