CIS Adopts "Functional Manager" Decision in Matter of G- Inc.
A November 8, 2017, CIS Policy Memorandum designates the decision of the Administrative Appeals Office in Matter of G- Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all CIS employees. CIS personnel are directed to follow the reasoning in this decision in similar cases.
Matter of G- Inc. clarifies that, to establish that a beneficiary will be employed in a managerial capacity as a “functional 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.
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