What is a Function Manager?

Both the L-1A and the EB-1C are designated for multinational executive or managerial employees. The L-1A is a nonimmigrant work visa that permits a company to transfer a qualifying foreign employee to the U.S. to work temporarily in a managerial or executive capacity, while the EB-1C is an immigrant visa that permits a foreign company to do the same but on a permanent basis. Under the Immigration and Nationality Act (INA), there are two types of managers that qualify in both categories: (1) personnel managers, and (2) function managers. The difference between the two is quite simple. Personnel managers primarily supervise and control the work of personnel, whereas function managers primarily manage an organizational function. Qualifying as a “Function Manager” To establish that the beneficiary (employee) will be employed in a managerial capacity as a “function manager,” a petitioner (employer) 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 […]
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In-Depth Analysis: The RAISE Act

A few weeks ago, President Trump endorsed the Reforming American Immigration for Strong Employment Act (RAISE Act). The new bill, which was introduced by Senators Tom Cotton (Ark.) and David Perdue (Ga.), outlines a 10-year plan to cut current immigration levels by 50 percent. The following is a breakdown of the Act’s major components: Elimination of the Diversity Visa Program. The RAISE Act will completely remove INA §203(c). It will eliminate up to 50,000 immigrant visas available annually through the Diversity Immigrant Visa Program. The annual admission of refugees will be capped at 50,000. The RAISE Act will strike INA §§ 207(a) and 207(b), and it will add a new §207(b), which will outline the new regulation. Major changes to the family-based immigration system. The RAISE Act will: Change the definition of “child” at INA §101(b)(1) from unmarried person “under age 21” to an unmarried person “under age 18”; Change the definition of “immediate relative” at INA §201(b)(2)(A)(i) to include only children and spouses of U.S. citizens (removes parents of adult U.S. citizens); Create INA §201(c), which caps family-based admissions at 88,000 per year; Amend INA §203(a) to recognize only spouse and minor children of LPRs as eligible for family-based […]
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Consequences of Withdrawing Marriage-based Green Card Applications

One of the underlying rationales driving immigration policy in the United States is family unity. The law allows U.S. citizens to petition for certain qualified relatives. If approved, this petition would permit a spouse, unmarried child under the age of 21 or a parent to come and live permanently in the U.S. These immediate relatives have special immigration priority and do not have to wait in line for a visa number. There are an unlimited number of visas available to them. Two pathways exist for the spouse of a U.S. citizen in obtaining status as a legal permanent resident. The first is through adjustment of status. This can only be done if the nonimmigrant spouse is inside the United States. It involves filing a Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-130 (Petition for Alien Relative), submitting an affidavit of support and attending a green card interview. The second pathway is through consular processing, and this is done when the spouse of a U.S. citizen is living outside the country. The two marriage-based green card pathways are fairly similar. In both cases, the U.S. citizen spouse must file Form I-130, and that form is processed by […]
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U.S. Lifts Laptop Ban on Inbound Flights

Back in March, the United States banned passengers from carrying laptops onboard U.S.-bound flights from certain airports in the Middle East and North Africa. Four months later, the controversial travel restrictions have been lifted. Why did the Trump Administration impose the laptop ban? The United States was not the only country to place specific travel restrictions on Middle East carriers. The United Kingdom imposed an almost identical ban. The U.K. policy targeted six countries and barred all electronic devices measuring more than 16 cm in length, 9.3 cm in width, or 1.5 cm in depth from the cabin of affected planes … but why? Both countries cite intelligence concerns. They point to a new terror threat in the form of tiny, hidden explosives. Intelligence reports indicate that Islamist terror groups have developed a new technique to hide a bomb inside the battery compartment of electronic devices. Could this actually happen? In February 2016, a member of the militant Islamist organization al-Shabaab, an Al-Qaeda affiliate, smuggled one of these devices onto a Somali passenger jet. A sophisticated explosive device was built into a laptop computer and passed through airport security, including an X-ray machine, without suspicion. The device was detonated and […]
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Global Entry Expanded to Citizens of India

U.S. Customs and Border Protection (CBP) has announced the expansion of Global Entry eligibility to citizens of India, making it the 11th country overall with which CBP has a trusted traveler arrangement. Other participating countries include Argentina, Colombia, Germany, Mexico, the Netherlands, Panama, the Republic of Korea, Singapore, Switzerland, the United Kingdom and Canada. What is Global Entry? Global Entry is one of CBP’s most successful and popular programs. It allows U.S. citizens, U.S. nationals, U.S. lawful permanent residents and citizens of certain countries (listed above) to bypass traditional CBP inspection lines and use automated kiosks to complete their admission to the U.S. For millions of international travelers, this program streamlines the arrival process. How do I sign up? Eligible individuals must complete an online application. This includes a $100 non-refundable application fee and a background check. If the traveler passes the background check, the last step is scheduling an interview with CBP. This can be done at one of the more than 100 Global Entry Enrollment Centers located throughout the U.S., Canada and Qatar. A CBP officer will then review your application and make a final eligibility determination. With application volume steadily increasing, CBP recently launched Enrollment on Arrival […]
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Converting an E-2 Visa into a Green Card

E-2 Visa Background The E-2 visa category is reserved for foreign investors. It enables a national of a treaty country to be admitted to the U.S. when investing a substantial amount of capital in a U.S. business. To qualify, the treaty investor must meet a few basic requirements: The investor must be a national of a treaty country (i.e., NAFTA); The investment must be substantial, which means it must be sufficient to ensure the successful operation of the enterprise; The investment must be in a real operating commercial enterprise; The investment may not be marginal, which means it must have the capacity to generate significantly more income than necessary to provide a living to the investor and family; The investor must have control of the funds, and the investment must be at risk; and The investor must be coming to the U.S. solely to develop and direct the enterprise. This is established by showing at least 50 percent ownership or possession of operational control through an executive, supervisory or highly specialized position. 5 Ways to Convert an E-2 into a Green Card Individuals who have been admitted to the U.S. in E-2 status are required to maintain an intent to […]
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The PERM Process: Lawfully Rejecting U.S. Workers

PERM Labor Certification Process The EB-2 (with the exception of National Interest Waivers) and EB-3 visa categories require a U.S. employer to obtain a labor certification. This is done through Program Electronic Review Management (PERM). Under PERM regulations, a petitioning employer must first conduct a series of recruitment activities to test the labor market. If there is not a sufficient number of able, qualified and willing applicants, then the employer may submit a PERM labor certification application. This is done either electronically or by mail to the Department of Labor. The employer must also submit documentation demonstrating recruitment activities. If the application is approved (current processing times for PERM applications is about 90 days), the U.S. employer must file an associated immigrant petition with USCIS before the labor certification’s validity period expires (180 days). Lawfully Rejecting U.S. Workers During the recruitment phase of the PERM process, employers are generally obligated to consider any and all U.S. applicants. In order to lawfully reject a U.S. worker, an employer must determine: (1) that the U.S. applicant does not meet the positions minimum requirements; and (2) that any deficiencies cannot be remedied through reasonable on-the-job training. In some circumstances, it may be clear […]
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