Date of Decision: JAN. 12, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Senior Project Manager
Field: Software Development and Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Evidentiary Criteria Analysis
Criteria Met:
- Managerial Capacity: The beneficiary demonstrated continuous employment in a managerial capacity within the petitioner’s multinational organization from December 2010 through December 2014 in India, and in the U.S. from December 2014 to September 2017, and again from February 2018 onwards.
- Qualifying Employment Abroad: The beneficiary met the qualifying employment requirement through continuous employment with the petitioner’s organization in both India and the United States without a two-year interruption.
- Relevant Regulations: Compliance with 8 C.F.R. § 204.5(j)(3)(i)(B) as the beneficiary’s employment history fits within the regulatory framework that allows for the inclusion of previous periods of qualifying employment abroad despite the beneficiary’s time spent in the U.S.
Criteria Not Met:
None specified in the appeal decision.
Key Points from the Decision
Awards and Prizes Won: Not specified in the decision.
Published Materials About the Petitioner: Not specified in the decision.
Original Contributions of Major Significance: Not specified in the decision.
Participation as a Judge: Not specified in the decision.
Membership in Associations: Not specified in the decision.
Authorship of Scholarly Articles: Not specified in the decision.
Leading or Critical Role Performed:
- Summary of Findings: The petitioner provided evidence of the beneficiary’s leading role within the organization as a senior project manager in both the Indian subsidiary and the U.S. office.
Artistic Exhibitions or Showcases: Not applicable.
Evidence of High Salary or Remuneration: Not specified in the decision.
Commercial Successes in the Performing Arts: Not applicable.
Supporting Documentation
- Employment Records: Detailed timeline of employment with the petitioner’s multinational organization from December 2010 to June 2020.
- Legal Arguments: References to statutory and regulatory interpretations to support the continuous qualifying employment requirement.
Conclusion
Final Determination: The appeal is sustained, and the initial denial is overturned. The beneficiary meets all eligibility requirements for the EB1 classification.
Reasoning:
- The Director’s restrictive interpretation of 8 C.F.R. § 204.5(j)(3)(i)(B) was corrected, considering the uninterrupted employment history of the beneficiary.
- The decision emphasized the continuity of the beneficiary’s employment within the multinational organization, supporting eligibility for the EB1 classification.
Next Steps:
- The petitioner should proceed with any additional steps required by USCIS following the approval of the appeal.
- Ensure all future documentation and evidence align with the criteria discussed in the decision.
