USCIS Adopts Decision of Matter of G- Defining Function Manager for EB-1C Multinational Executive/Manager Petition

On November 8, 2017, USCIS issued a policy memo on multinational function managers designating Matter of G-, Inc. as an adopted decision (Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017) . Matter of G- states that to satisfy the requirement that the beneficiary will be employed in a managerial role as a function manager (as opposed to a manager of people), the following must be demonstrated:

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.

In order to be classified as an EB-1C multinational executive/manager for immigrant visa purposes, the following requirements must be met:

1. The foreign national was employed in a full-time executive or managerial position for one year in the three years preceding his or her transfer into the U.S;
2. The foreign national was employed in such capacity by the overseas affiliate, parent, subsidiary or branch of the US petitioner employer;
3. The foreign national will work in a managerial or executive capacity for the affiliated entity in the US; and
4. The US petitioner has been operating for at least one year as of the date of filing the petition.