Date of Decision: May 24, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Metal Component Manufacturing
Petitioner Information
Profession: Manager – Die Engineering
Field: Metal Component Manufacturing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a company specializing in the manufacturing of metal components, sought to employ the beneficiary as a “Manager – Die Engineering” under the EB-1 classification for multinational executives or managers. This classification permits U.S. employers to transfer qualified foreign employees to the United States to work in a managerial or executive capacity.
Key Issues
The primary issue in this case was whether the petitioner could demonstrate that the beneficiary would be employed in a managerial capacity in the United States. The initial denial by the Nebraska Service Center was based on perceived discrepancies between two organizational charts provided by the petitioner and doubts regarding the professional status of the beneficiary’s subordinates.
USCIS Findings
Upon review, the Director of the Nebraska Service Center concluded that the petitioner failed to establish that the beneficiary’s role met the criteria for managerial capacity. The Director highlighted inconsistencies between the organizational charts and questioned whether the beneficiary’s subordinates were professionals, which is a requirement for establishing managerial capacity.
Supporting Evidence
On appeal, the petitioner successfully explained and resolved the discrepancies between the previously submitted organizational charts. The petitioner provided detailed descriptions of the beneficiary’s job duties, the qualifications and roles of his subordinates, and the overall complexity of the company’s organizational structure. This additional evidence demonstrated that the beneficiary’s role was indeed managerial, not just in terms of personnel management but also as a function manager overseeing the Die Engineering functions across multiple U.S.-based manufacturing plants.
Additional Notes
The Administrative Appeals Office (AAO) conducted a de novo review of the evidence and found that the petitioner had met the preponderance of the evidence standard required to establish that the beneficiary would be employed in a managerial capacity. The AAO agreed that the beneficiary’s role as a function manager, particularly in managing Die Engineering functions across multiple locations, met the criteria for the EB-1 classification.
Conclusion
Final Determination: The appeal was sustained, and the initial decision was overturned. The petitioner successfully demonstrated that the beneficiary would be employed in a managerial capacity, qualifying for the EB-1 classification.
