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

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.