USCIS has issued requests for evidence (RFEs) regarding EB-1C petitions, particularly questioning the definition of a function manager’s role within a company. A recent case highlighted concerns about a legal head’s qualifications, emphasizing the need for clarity in defining essential functions in employment-based immigration applications.
Key Details:
- Function managers can qualify under INA 101(a)(44)(A) by managing essential functions, not just supervising staff.
- The term “essential function” lacks a clear definition from Congress, leading to varied interpretations.
- Best practices for filing include:
- Precisely defining the function being managed.
- Demonstrating its core importance to the company.
- Clarifying the time allocation between management and direct legal work.
- Identifying who handles daily tasks that the beneficiary does not perform.
These insights aim to assist employers and legal professionals in effectively navigating the complexities of EB-1C petitions, reducing the likelihood of RFEs and enhancing the chances of approval.
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Source: Kevin J. Andrews