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USCIS Defines “Function Manager” Position in New Memo

In light of recent more stringent scrutiny and “requests for evidence” for visa applications by the U.S. Citizenship and Immigration Services (USCIS), it issued a new policy memorandum (Matter of G-Inc., Adopted Decision 2017-05 AAO Nov. 8, 2017) whereby it laid out the requirements for an immigrant to be employed as a “function manager.”

The policy memorandum stated that for a green card holder to be considered as a “function manager,” the function should be a “clearly defined activity” that is “core to the organization.” Moreover, the petitioning company must show by documentary evidence that the immigrant beneficiary will work in a managerial role that is a well-defined activity – that the immigrant beneficiary will mostly manage, instead of actually performing the function. In addition, the immigrant beneficiary must be senior level and have discretion over the well-defined activity’s daily operations.

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