Potentially, through a genuine function-manager role. The function must be clearly defined and essential, and the beneficiary must primarily manage it, act at a senior level and exercise discretion over its operations.
Avoid the individual-contributor trap
Technical expertise or responsibility for an important deliverable is not enough. Explain who performs the underlying work and how the beneficiary directs the function. A person who mainly executes the function cannot resolve that problem simply by using managerial language.
Counsel should evaluate the role alongside the qualifying company relationship and foreign-employment history before the employer selects this theory. Test the claim by asking who would take the work over. If the honest answer is that the organization would have to hire someone with the same technical skills to keep the function running, the role may be closer to an individual contributor than the title suggests.
If the answer is that the work would continue but without direction, oversight or accountability, the management argument has substance. Write down the decisions the position makes that are not reviewed by anyone else, and the resources it controls. Remember that the U.S.
role is only part of the test: the employee generally must also have completed one continuous year of qualifying employment abroad within the preceding three years, and a qualifying relationship must exist between the entities. A well-argued function-management case still fails if either of those is unsupported.