EB-1C (Multinational Managers or Executives) USCIS Appeal Review – Group Project Manager – NOV262024_01B4203

Date of Decision: November 26, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: IT Consulting and Software Services

Beneficiary Information

Profession: Group Project Manager
Field: IT Consulting and Software Services
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Director’s Decision Withdrawn, Case Remanded

Case Overview

The petitioner, an IT consulting and software services company, sought to employ the beneficiary as a group project manager under the EB-1C classification for multinational executives or managers.

The Texas Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary was employed abroad and would be employed in the United States in a managerial capacity. The matter was then appealed to the Administrative Appeals Office for further review.

Upon de novo review, the Administrative Appeals Office found that the director did not provide a complete and accurate analysis of the submitted evidence. As a result, the decision was withdrawn, and the case was remanded for further review.

Key Issues

The primary issue was whether the petitioner demonstrated that the beneficiary was employed abroad and would be employed in the United States in a managerial capacity.

The director determined that the petitioner failed to provide sufficient documentation regarding the personnel the beneficiary would manage in the United States and noted inconsistencies in the number of subordinates listed. However, the petitioner submitted an organizational chart and job descriptions that consistently indicated the beneficiary would oversee 18 subordinates. The Administrative Appeals Office found that the director did not properly review this evidence.

The director also made an unclear statement regarding the beneficiary’s managerial job title, suggesting that there was insufficient documentation regarding subordinate positions. However, this statement lacked a substantive analysis of the evidence submitted by the petitioner.

Additionally, the director’s decision included confusing language suggesting that the petitioner needed to prove the beneficiary’s prior U.S. employment also met the statutory definition of managerial capacity. The Administrative Appeals Office clarified that the relevant regulation requires a petitioner to establish that the beneficiary will be employed in a managerial capacity at the time of adjustment of status or consular processing, not necessarily that the beneficiary’s prior U.S. employment met the same standard.

Regarding the beneficiary’s employment abroad, the director incorrectly concluded that the petitioner did not submit job descriptions for the beneficiary’s subordinates. The record showed that the petitioner did provide a list of subordinate positions and job descriptions in response to the request for evidence. The director also found that the petitioner failed to demonstrate that the beneficiary supervised and controlled other managerial or professional employees or managed an essential function. However, the use of present-tense language in the director’s decision raised questions about whether the director properly analyzed the beneficiary’s prior foreign employment rather than mistakenly applying the standard to the beneficiary’s current U.S. employment.

USCIS Findings

The Administrative Appeals Office identified multiple deficiencies in the director’s decision, including:

  • The petitioner submitted an organizational chart and job descriptions confirming that the beneficiary would oversee 18 subordinates in the United States, contrary to the director’s finding.
  • The director made unclear statements regarding the petitioner’s evidentiary burden, implying that the beneficiary’s prior U.S. employment had to meet the statutory definition of managerial capacity, which is not a requirement under EB-1C.
  • The director failed to properly review evidence regarding the beneficiary’s foreign employment and incorrectly determined that job descriptions for subordinate employees were not submitted.
  • The director did not clearly distinguish between the requirements for managerial and functional managers and did not fully assess whether the beneficiary’s role qualified under either category.

Given these deficiencies, the Administrative Appeals Office withdrew the denial and remanded the case for further review. The Texas Service Center was instructed to issue a new decision that properly analyzes the petitioner’s claims and supporting evidence.

Supporting Evidence

  • Organizational chart detailing the beneficiary’s managerial responsibilities
  • Job descriptions for the beneficiary’s proposed U.S. subordinates
  • Payroll and employment records confirming the U.S. entity’s staffing structure
  • Documentation describing the beneficiary’s role in managing IT projects and teams
  • Correspondence and internal company reports demonstrating the beneficiary’s managerial authority

Additional Notes

The Administrative Appeals Office emphasized that adjudicators must fully analyze all submitted evidence before making a determination. The decision also clarified that the evidentiary burden in EB-1C cases requires proof that the beneficiary will be employed in a managerial capacity in the United States, not necessarily that their prior U.S. employment met the same standard.

The remand allows the petitioner an opportunity to provide any additional evidence necessary to address the remaining concerns and ensure a comprehensive review.

Conclusion

Final Determination: The denial was withdrawn, and the case was remanded for further review.
Reasoning: The director’s decision did not fully evaluate the evidence, misapplied certain regulatory requirements, and failed to provide a complete analysis of the petitioner’s claims. A new decision must be issued after a proper review.

Download the Full Petition Review Here

Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

Articles: 1543

Leave a Reply

Your email address will not be published. Required fields are marked *