October 10, 2019
New Policy Memo Provides Guidance on the L-1 ‘Function Manager’ Classification
The requirements to make a case for the L-1A ‘function manager’ classification are clearly spelled out in Matter of G-Inc., decided by the Administrative Appeals Office (AAO). The November 8th Policy Memorandum issued by the U.S. Citizenship and Immigration Services (USCIS) designates AAO’s decision in Matter of G-Inc. as an Adopted Decision. Accordingly, this adopted decision serves as a policy guidance and applies to and binds the USCIS officers. While adjudicating L-1A petitions for the function manager classification, the USCIS officers are directed to follow the reasoning in this decision.
Matter of G-Inc. clarifies that, in order to establish that a beneficiary (foreign worker) will be employed in a managerial capacity as a “function manager,” in the U.S., the U.S. employer (petitioner) must show that:
- the function is a clearly defined activity within the petitioner’s organization;
- the function is “essential,” i.e., core to the organization;
- the beneficiary will primarily manage, as opposed to perform, the essential function;
- the beneficiary will act at a senior level within the organizational hierarchy or with respect to the function managed; and
- the beneficiary will exercise discretion over the function’s day-to-day operations.
L-1A employers should ensure that all of the above criteria are fulfilled and produce documentary evidence wherever possible to support these requirements.
Zeenat Phophalia, Senior Associate
(Keywords – L-1A, Function manager, Guidance, USCIS)
