Matter of G- Inc., Adopted Decision 2017-05
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
Adopted an Administrative Appeals Office (AAO) decision as binding nationwide policy guidance establishing a five-prong test to establish eligibility for L-1A and EB-1 classification as a function manager. Phase scope: Binding nationwide on all USCIS officers adjudicating Form I-129 and Form I-140 petitions.
Conditions and exceptions
Validated condition or limit: Adopted an Administrative Appeals Office (AAO) decision as binding nationwide policy guidance establishing a five-prong test to establish eligibility for L-1A and EB-1 classification as a function manager.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed 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.
Review method
Two separate automated exact-claim source reviews
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Other United States changes operative in 2017
- 2017-01-17Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
- 2017-01-25Executive Order 13767: Border Security and Immigration Enforcement Improvements
- 2017-01-25Executive Order 13768: Enhancing Public Safety in the Interior of the United States
- 2017-01-27Executive Order 13769 (Protecting the Nation from Foreign Terrorist Entry into the United States)
- 2017-03-04Yemen TPS beneficiaries continuously residing in the U.S.
- 2017-03-31Rescission of Guidance Memo on H-1B Computer Related Positions (PM-602-0142)
- 2017-06-12Citizenship transmission requires longer US presence for unwed mothers
- 2017-09-05Rescission of the June 15, 2012 Memorandum Entitled “Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children”
- 2017-10-01Presidential Determination on Refugee Admissions for Fiscal Year 2018