USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

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USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees. Matter of G- Inc. holds that a beneficiary is employed in a managerial capacity as a “function manager” if the petitioner demonstrates that the function is a clearly defined activity; the function is “essential” and core to the organization; the beneficiary will primarily manage, as opposed to perform, the function; the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function; and the beneficiary will exercise discretion over the function’s day-to-day operations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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