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USCIS adopts test for identifying "function managers"

  1. Date Announced

    Nov. 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]

    View Policy Document
  2. Effective Date of Change

    Nov. 8, 2017

Commentary

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

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