The term functional or FUNCTION manager applies generally when a beneficiary does not supervise or control the work of a subordinate staff, but instead is primarily responsible for managing an essential function within the organization. The definition of the term manager includes functional managers. A manager may qualify for EB1C classification as a functional manager if the petitioner can show, among other things that the beneficiary will be primarily managing or DIRECTING the management of a function of an organization, even if the beneficiary does not directly supervise any employees.

• For “function managers,” the managerial capacity means an assignment within an organization in which the beneficiary primarily:
• Manages the organization, or a department, subdivision, function, or component of the organization;
• Manages an essential function within the organization, or a department or subdivision of the organization;
• Functions at a senior level within the organizational hierarchy or with respect to the function MANAGED; and
• Exercises discretion over the day-to-day operations of the ACTIVITY or function for which the employee has authority.

It must be clearly demonstrated, however, that the “essential function” being managed is not also being directly performed by the alien beneficiary. For example, an alien who claims to primarily direct the laboratory research on chemical compounds for a specialty chemical company cannot also be primarily performing the day-to-day laboratory research. An employee who primarily PERFORMS the tasks necessary to produce a product or to provide services is not considered to be employed in a managerial or executive capacity.

The term functional or function manager applies generally when a beneficiary does not supervise or control the work of a subordinate staff, but instead is primarily responsible for managing an essential function within the organization. The definition of the term manager includes functional managers. A manager may qualify for EB1C classification as a functional manager if the petitioner can show, among other things that the beneficiary will be primarily managing or directing the management of a function of an organization, even if the beneficiary does not directly supervise any employees.

It must be clearly demonstrated, however, that the “essential function” being managed is not also being directly performed by the alien beneficiary. For example, an alien who claims to primarily direct the laboratory research on chemical compounds for a specialty chemical company cannot also be primarily performing the day-to-day laboratory research. An employee who primarily performs the tasks necessary to produce a product or to provide services is not considered to be employed in a managerial or executive capacity.