USCIS Defines Function Manager for EB-1 Category

In a Policy Memorandum released November 8th, USCIS defined “function manager” in terms consistent with the Administrative Appeals Office (AAO) decision in Matters of G- Inc. In the case, the Director of the Nebraska Service Center denied the petitioner’s Form I-140 on grounds that the beneficiary, a function manager for the company, was not eligible for green card in EB-1 category under the current definition of “managerial capacity” outlined in the INA.  To be considered for an employment based, first preference visa, petitioners must demonstrate that the beneficiary’s function of employment serves in an executive or managerial capacity.

The company appealed, arguing that its manager, although not directly in charge of other administrative staff, aids in promoting the “essential function” of operations within the company while additionally functioning in a qualifying “managerial capacity”. In the matter, AAO defined a function manager for the purpose of EB visa petitions.

In accordance to the appeal decision, the recent USCIS memorandum now defines “function manager” in a managerial capacity if the petitioner demonstrates the following of the function of employment:

• The function is a clearly defined activity;
• The function is “essential,” i.e., 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 managed;
• The beneficiary will exercise discretion over the function’s day-to-day operations.

Once the petitioner has established the above, USCIS employees are instructed to consider the beneficiary “function managers” for first preference immigrant classification for multinational executives or managers.