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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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