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IMMIGRATION SEPTEMBER 27, 2024 | The Indian Eye 45

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and direct revenue forecasts and analysis for customer service chatbot that was doing the size. In Brazil Quality Stones, Inc. v. Cher- bots can take the place of other “supervisory,
the worldwide organization, lead mergers work of 700 customer service agents faster toff, 531 F.3d 1063 (9th Cir. 2008), the Ninth professional, or managerial employees” under
and acquisitions, and oversee strategic pricing and more efficiently than human workers. The Circuit Court of Appeals found that although INA 101(a)(44)(A)(ii) who are supervised and
analysis.” The AAO continues that the Bene- article also notes that large financial service size is a relevant factor in assessing whether a controlled by the L-1A manager. Under INA
ficiary will be supported by six direct and three companies like Goldman Sachs and Morgan company’s operations are substantial enough 101(a)(44)(A)(iii) the manager must also have
indirect reports who will “perform the routine Stanley are introducing AI tools that can re- to support a manager, “an organization’s small “the authority to hire and fire or recommend
duties associated with the FP&A function.” place much of the entry level white collar work size, standing alone, cannot support a finding those as well as other personnel actions (such
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Critically, the AAO finds that even though such as preparing spreadsheets, creating Pow- that its employee is not acting in a manageri- as promotion and leave authorization)” of
the Beneficiary directly supervises some of his erPoints and analyzing financial data. BestBuy al capacity.” See also INA 101(a)(44)(C) (“[i] the employees they supervise. Admittedly the
subordinates, he still primarily manages the is replacing its geek squad agents with genera- f staffing levels are used as a factor in deter- L-1A manager may not have the authority to
function. Fourthly, the AAO found that the tive AI technology to provide customers with mining whether an individual is acting in a hire and fire bots or take other personnel ac-
Beneficiary will act at a senior level within the personalized, best in class tech support experi- managerial or executive capacity, the Attorney tions as they are not employees. The manager,
organization and with respect to the function, ences. Even local governments are resorting to General shall take into account the reasonable however, could have equivalent authority such
where he reported only to the CFO and CEO AI. The Texas Education Agency is rolling out needs of the organization, component, or func- as the ability to upgrade the AI technology
and worked closely with other senior execu- a “new artificial intelligence-powered scoring tion in light of the overall purpose and stage of or replace the bots with other bots to comply
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tives and managers. Finally, the AAO found system set to replace a majority of human grad- development of the organization, component, with INA 101(a)(44)(A)(ii) and 101(a)(44)(A)
that the Petitioner clearly established that the ers in the region.” If a petitioning entity is using or function.”). (iii). This may seem far fetched for now, there
Beneficiary will have discretionary authority similar AI technology a case can be made that While it would be more feasible to build may come a time when the USCIS might be
over day-to-day operations where the Benefi- AI is relieving the manager from performing the L-1A case for a functional manager who is persuaded to approve an L-1A petition for a
ciary will establish policies, goals, and oversee the day to day tasks while the manager manag- supported by AI technology, the next step in people manager who will be managing and su-
mergers and acquisitions. es the essential function. An organization that the evolution of L-1A jurisprudence would be pervising AI bots rather than humans.
Using the same analysis as in Matter of relies on bots may have a smaller number of to establish that even a people manager might
G, and as set forth in the USCIS Policy Man- employees, but one should push back against qualify for this visa classification if they super- [This blog is only for informational
ual, a company can establish that its AI tech- a negative finding only because of the small vise AI chatbots rather than humans. These AI purposes and should not be relied upon as a
substitute for legal advice.]
nology is an essential or core function of the Start Watching IndiaLife TV 24 Hours LIVE
organization. It can further be established that ___________________________________________________________________________________________________________________________________
the beneficiary will primarily manage this func- Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
tion, and will be supported by AI bots when Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Committee;
managing the function. This would be analo- former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
gous to Matter of Z-A, Inc. which recognized Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member of Volunteers
the ability of foreign personnel outside the
United States to support the L-1A manager in for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the Board of Trustees
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the US. It can also be established that the L-1 of the American Immigration Council and former chair of the Committee on Immigration and Nationality Law of the New York
manager is employed at a senior level within City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including on ethics, and is also an
the organizational hierarchy and that they have adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and Work. Mr. Mehta received
discretionary authority over the day to day op- the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011 Michael
erations.
A Forbes article that provides examples Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the immigration field. He has also
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of how brands are replacing their employees received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among the most highly regarded lawyers
with AI technology. It provides examples of in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Chambers
how Klarna, the Swedish-based “buy now pay Global 2019 in immigration law, among other rankings.
later service”,was using an OpenAI powered

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