Date of Decision: February 24, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Development
Beneficiary Information
Profession: Practice Manager – Data Solutions
Field: Software Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, a software development company, sought to employ the beneficiary as its Practice Manager – Data Solutions under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary was employed abroad for at least one year during the three-year qualifying period before the petition’s filing. The petitioner appealed the decision, and the case was reviewed by the Administrative Appeals Office (AAO).
Key Issues
The key issue was whether the petitioner adequately demonstrated that the beneficiary met the one-year foreign employment requirement within the three years preceding the filing of the immigrant petition. The Director’s denial was based on an interpretation of the regulations that excluded the beneficiary’s employment abroad from being considered due to his entry into the U.S. on a B-1 visa prior to obtaining L-1A status.
USCIS Findings
The AAO found that the Director had incorrectly applied the regulations and overlooked the proper time frame for evaluating the beneficiary’s qualifying employment abroad. The AAO noted that, in this case, the relevant time frame should consider the three years preceding the beneficiary’s change to L-1A status, which was from May 2014 to May 2017. During this period, the beneficiary was employed abroad by a qualifying foreign employer for more than the required one year. As a result, the AAO withdrew the Director’s decision and remanded the case for further consideration of the petition on its merits.
Supporting Evidence
The petitioner provided documentation demonstrating that the beneficiary was employed abroad as a “senior data analyst and manager” from May 2015 until his entry into the United States. The AAO determined that this evidence was sufficient to meet the statutory requirement of one year of qualifying employment abroad.
Additional Notes
The AAO emphasized the importance of applying the correct regulatory interpretation when assessing eligibility for the EB-1C classification. The case was remanded for the Director to re-evaluate the petition based on the proper legal framework.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for further proceedings. The AAO instructed the Director to consider the petition on its merits, using the correct qualifying period for evaluating the beneficiary’s foreign employment.
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