U.S. Alert – USCIS Adopts AAO Decision

USCIS Adopts AAO Decision Clarifying Requirements to Establish That Beneficiary Will Be Employed in a Managerial Capacity as a “Function Manager”

On November 8, 2017, U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum entitled Matter of G- Inc. This policy memorandum designates the decision of USCIS’ Administrative Appeals Office (AAO) in Matter of G- Inc as an adopted decision, which USCIS defines as “[a] decision of the Administrative Appeals Office (AAO) binding on all USCIS adjudication officers, but not yet published as a precedent decision.” The AAO decision clarifies that, to establish that a beneficiary will be emplhttp://employmentimmigration.com/u-s-alert-uscis-…pts-aao-decision/oyed in a managerial capacity as a “function manager,” the petitioner 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.