Date of Decision: January 16, 2025
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: Digital Printing Industry
Beneficiary Information
Profession: Operations Manager
Field: Digital Printing Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Partially Overturned (Qualifying Relationship Established); Ultimately Dismissed
Motion Outcome: Motion to Reconsider Dismissed
Case Overview
The petitioner, a distributor of digital printing materials, sought to employ the beneficiary as an operations manager under the EB-1C classification. The Texas Service Center initially denied the petition for two reasons: (1) lack of qualifying relationship, and (2) insufficient evidence of a managerial role in the U.S. The AAO later withdrew the first ground but agreed with the second. The petitioner then filed a motion to reconsider, which is the subject of this review.
Key Issues
- Managerial Capacity Not Established:
The petitioner failed to prove that the beneficiary’s role involved primarily managerial tasks. Evidence showed involvement in operational duties (e.g., warehouse organization, purchasing, deliveries), and only limited supervision of one subordinate (a warehouse manager). No credible breakdown of time spent on qualifying duties was provided. - Lack of Supporting Evidence:
The petitioner did not provide documentation of wages paid to claimed subordinates or evidence showing delegation of duties. Staffing levels were inconsistently reported (between 11–14 employees), with no payroll evidence to support the claims. - New Claim of Function Manager Role:
On motion, the petitioner argued the beneficiary qualified as a “function manager” over sales and distribution. However, this was not originally claimed. Even when considered, USCIS found that the beneficiary performed — rather than managed — key tasks. Duties such as processing customer returns and revising orders were operational, not managerial.
USCIS Findings
- The beneficiary’s role did not meet the legal standard for personnel manager or function manager.
- Operational tasks outweighed managerial oversight, and there was little delegation of responsibility.
- The motion did not show that prior decisions were based on a misapplication of law or policy.
Supporting Evidence
- Revised job descriptions
- Organizational charts
- Statements claiming responsibility for managing sales, warehouse, and distribution
- Lack of payroll documentation or proof of delegation
Additional Notes
USCIS clarified that function manager eligibility must be specifically claimed and substantiated. Simply stating responsibility for an “essential function” is not enough; the petitioner must show the beneficiary manages (not performs) that function and exercises discretion over its operations.
Conclusion
Final Determination: Motion to reconsider dismissed.
Reasoning: The petitioner did not demonstrate an error in law or policy and failed to prove that the beneficiary would be employed primarily in a managerial or function manager role.
