USCIS adopts test for identifying "function managers"

Original Date Announced
November 8, 2017
USCIS issues a policy memo adopting the AAO's five-part test for whether a worker qualifies as a "function manager," and therefore may be eligible for an EB-1 or L-1A visa. In order to demonstrate that an employee is a function manager, the employer must demonstrate that: "(1) the function is a clearly defined activity; (2) the function is “essential,” i.e., core to the organization; (3) the beneficiary will primarily manage, as opposed to perform, the function; (4) the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and (5) the beneficiary will exercise discretion over the function’s day-to-day operations." [ID #487]
USCIS Policy Memorandum (PM-602-0148): *Matter of G- Inc.,* Adopted Decision 2017-05 (AAO Nov. 8, 2017)
Effective Date
November 8, 2017

Fully in Effect

Status: Final/Actual

Trump Administration Actions: Adjudication Agency Directive

Subject Matter: Non-Immigrant Visas: Employment-Based Immigrant Visas: Employment-Based

Agencies Affected: USCIS

Pre Trump-Era Policies

Challenges with “Function Manager” Positions in the L-1A and EB-1 Multinational Manager Classifications
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