Date of Decision: September 25, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: Helicopter Services
Beneficiary Information
Profession: General Manager
Field: Helicopter Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Motion Outcome: Motion to Reopen Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a helicopter services company, sought to employ the beneficiary as its general manager under the EB-1C classification for multinational executives or managers.
The Nebraska Service Center denied the petition, concluding that the petitioner failed to establish that the beneficiary was employed abroad in a managerial or executive capacity. The petitioner filed a motion to reopen, which was also denied. The case was subsequently appealed to the Administrative Appeals Office.
Upon de novo review, the Administrative Appeals Office determined that the petitioner met its burden of proof and sustained the appeal.
Key Issues
The primary issue was whether the petitioner demonstrated that the beneficiary was employed abroad in a managerial or executive capacity. The director’s decision focused on the claim that the beneficiary did not qualify as a personnel manager because he did not supervise professional subordinates.
On appeal, the petitioner argued that the beneficiary was employed abroad as a function manager, overseeing an essential function of the foreign employer—its search and rescue training department. The function manager classification applies when a beneficiary does not directly supervise employees but is responsible for managing an essential function within the organization.
The Administrative Appeals Office evaluated whether the petitioner demonstrated that:
- The function was a clearly defined activity.
- The function was essential to the organization.
- The beneficiary primarily managed, rather than performed, the function.
- The beneficiary acted at a senior level within the organizational hierarchy.
- The beneficiary exercised discretion over the function’s daily operations.
USCIS Findings
The Administrative Appeals Office determined that the petitioner successfully established that the beneficiary was employed abroad as a function manager. The evidence demonstrated that the beneficiary managed the foreign employer’s search and rescue training department, which accounted for a significant portion of its operations.
The office further found that the beneficiary was in a senior position, overseeing a team that included a chief flight instructor and several subordinate flight instructors responsible for training military, police, and civilian clients. The documentation supported that the beneficiary was primarily relieved from performing non-qualifying duties and had decision-making authority over the department.
As a result, the Administrative Appeals Office sustained the appeal and approved the petition.
Supporting Evidence
- Organizational structure demonstrating the search and rescue training department’s role in the company.
- Job descriptions outlining the beneficiary’s responsibilities in managing the function.
- Payroll and employment records showing the roles of subordinate staff.
- Training program details and records confirming the function’s essential nature.
- Correspondence and documentation establishing the beneficiary’s decision-making authority.
Additional Notes
The Administrative Appeals Office emphasized that the function manager classification applies when a petitioner demonstrates that the beneficiary is responsible for managing a key function within an organization, even if they do not directly supervise professional employees. The petitioner’s ability to provide substantial evidence demonstrating the beneficiary’s managerial oversight of the search and rescue training department was critical to sustaining the appeal.
Conclusion
Final Determination: Appeal sustained.
Reasoning: The petitioner successfully demonstrated that the beneficiary was employed abroad as a function manager and met the eligibility requirements for EB-1C classification.
