USCIS issued a new policy memorandum about L-1A function manager.

USCIS asserts that while an L-1A function manager may use hisbusiness expertise to perform some operational or administrative tasks, he primarily must manage an essential function.

To determine whether a manager’s job duties will be primarily managerial in nature, a USCIS adjudicating officer must consider the totality of the record and weigh all relevant factors, including: the nature and scope of the business; the organizational structure, staffing levels, and the manager’s position within the organization; the scope of the manager’s authority; the work performed by other staff within the organization, including whether those employees relieve the manager from performing operational and administrative duties; and any other factors that will contribute to understanding a manager’s actual duties and role in the business.

When staffing levels are considered in determining whether an individual will act as a manager, an officer must also take into account relevant evidence in the record concerning the reasonable needs of the organization as a whole, including any related entities within the “qualifying organization,” giving consideration to the organization’s overall purpose and stage of development.