Date of Decision: April 30, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Cyber Security
Beneficiary Information
Profession: Chief Operating Officer
Field: Cyber Security
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a cyber security company, sought to employ the beneficiary as its chief operating officer under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center initially denied the petition, concluding that the petitioner did not establish that the beneficiary was employed abroad for the required one year with a qualifying foreign employer. The Director determined that the evidence suggested the beneficiary was employed by his own consulting company rather than the asserted foreign parent company.
Key Issues
The primary issue identified was whether the beneficiary had been employed by the qualifying foreign employer abroad for at least one year, as required by the EB-1C classification. The Director’s decision was based on the finding that the beneficiary’s employment records indicated he was employed by his own consulting firm rather than the foreign parent company of the petitioner.
USCIS Findings
Upon appeal, the petitioner argued that the Director did not adequately consider the evidence showing that the beneficiary was indeed employed by the foreign parent company. The Administrative Appeals Office (AAO) reviewed the case de novo and found that the petitioner successfully demonstrated, by a preponderance of the evidence, that the beneficiary had been employed by the foreign parent company in a qualifying managerial capacity for the required period.
Supporting Evidence
The petitioner provided additional documentation, including employment records, organizational charts, and correspondence from the foreign parent company. The AAO concluded that this evidence sufficiently established the beneficiary’s employment with the qualifying foreign entity, thus meeting the requirements for the EB-1C classification.
Additional Notes
The AAO emphasized the importance of thoroughly reviewing all relevant evidence and acknowledged that the petitioner met the burden of proof in demonstrating the beneficiary’s qualifying foreign employment.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary was employed in a managerial capacity abroad with a qualifying organization, meeting the eligibility requirements for the EB-1C classification.
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