Date of Decision: February 24, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Processed Foods Production and Distribution
Beneficiary Information
Profession: Continuous Improvement Internal Consultant
Field: Processed Foods Production and Distribution
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a major producer and distributor of processed foods with operations worldwide, sought to employ the beneficiary as a Continuous Improvement Internal Consultant under the EB-1C classification for multinational executives or managers. The beneficiary previously worked as part of the company’s Continuous Improvement (CI) department, overseeing the implementation of CI strategies and programs across 20 manufacturing sites outside North America.
The Director of the Nebraska Service Center denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in a qualifying managerial capacity. The director noted that the beneficiary’s responsibilities were not managerial in nature and that she did not directly supervise employees or manage an essential function at a senior level.
The petitioner filed an appeal, providing additional evidence and arguments to support its case. Upon review, the Administrative Appeals Office (AAO) determined that the petitioner successfully demonstrated that the beneficiary managed an essential function within the organization, specifically the international CI program, which impacted operations across multiple countries. The AAO found that while some of the beneficiary’s duties were not strictly managerial, they were incidental to her broader managerial responsibilities. The appeal was sustained.
Key Issues
The primary issue on appeal was whether the petitioner provided sufficient evidence to establish that the beneficiary would be employed in a qualifying managerial capacity. The AAO reviewed the petitioner’s description of the beneficiary’s duties, the organizational structure, and the overall significance of the CI program within the company. The AAO concluded that the petitioner met the burden of proof, showing that the beneficiary’s role was primarily managerial, with authority over a critical aspect of the company’s international operations.
USCIS Findings
The AAO determined that the petitioner met the burden of proof required for the EB-1C classification. The evidence provided demonstrated that the beneficiary’s duties were primarily managerial, overseeing an essential function within the company’s international operations.
Supporting Evidence
The petitioner submitted various documents, including a detailed description of the beneficiary’s responsibilities, organizational charts, and evidence of the impact of the CI program on the company’s international manufacturing operations. The AAO found these materials sufficient to establish the managerial nature of the beneficiary’s role.
Additional Notes
The AAO emphasized the importance of providing relevant, probative, and credible evidence to establish the managerial or executive nature of the beneficiary’s duties. The petitioner’s comprehensive documentation and clear delineation of the beneficiary’s responsibilities were crucial in sustaining the appeal.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully established that the beneficiary’s duties with the company would be primarily managerial in nature.
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