Date of Decision: April 30, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Multilingual E-Business Services
Beneficiary Information
Profession: Global Project Manager
Field: Multilingual E-Business Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a multinational corporation operating as a provider of multilingual e-business services, sought to employ the beneficiary in the United States as its Global Project Manager under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition on January 30, 2014, finding that the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity.
On appeal, the petitioner provided a supplemental brief containing a detailed explanation of the beneficiary’s managerial role in his former position with the foreign employer. The petitioner also offered a comprehensive description of the foreign entity’s organizational hierarchy, illustrating the beneficiary’s position within the company’s structure. The Administrative Appeals Office (AAO) reviewed the case and found that the evidence sufficiently demonstrated that the beneficiary’s duties abroad were primarily managerial in nature, and the appeal was sustained.
Key Issues
The primary issue on appeal was whether the petitioner provided sufficient evidence to establish that the beneficiary’s employment abroad was primarily managerial or executive in nature. The AAO found that the petitioner’s detailed explanation of the beneficiary’s role, along with the organizational structure and job descriptions of subordinates, sufficiently established that the beneficiary’s duties abroad met the requirements for a managerial position.
USCIS Findings
The AAO determined that the petitioner met the burden of proof required for the EB-1C classification. The evidence provided, including a detailed description of the beneficiary’s duties and the organizational structure, demonstrated that the beneficiary was employed in a qualifying managerial capacity abroad.
Supporting Evidence
The petitioner submitted various documents, including the organizational structure of the beneficiary’s department, job descriptions for each of his subordinates, and a detailed explanation of the beneficiary’s role. The AAO found these materials sufficient to establish that the beneficiary’s duties were primarily managerial in nature.
Additional Notes
The AAO emphasized the importance of submitting relevant, probative, and credible evidence to establish the managerial 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 abroad were primarily managerial in nature.
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