Date of Decision: April 28, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology Consulting
Beneficiary Information
Profession: Principal/Business Risk Manager
Field: Information Technology Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, an information technology consulting service company, sought to employ the beneficiary as its Principal/Business Risk Manager under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity and that the beneficiary would be employed in such a capacity in the United States.
The petitioner subsequently filed an appeal, providing a detailed brief and additional evidence. The Administrative Appeals Office (AAO) reviewed the case and found that the petitioner had successfully demonstrated that the beneficiary’s roles, both abroad and in the United States, were primarily managerial in nature. The appeal was sustained.
Key Issues
The primary issues on appeal were whether the petitioner provided sufficient evidence to establish that the beneficiary’s employment with the foreign affiliate and the proposed role in the United States were primarily managerial or executive in nature. The AAO found that the petitioner provided detailed descriptions of the beneficiary’s duties, along with organizational structures, that sufficiently established the managerial nature of the beneficiary’s positions.
USCIS Findings
The AAO determined that the petitioner met the burden of proof required for the EB-1C classification. The evidence provided, including detailed descriptions of the beneficiary’s duties and organizational charts, demonstrated that the beneficiary was employed and would be employed in qualifying managerial capacities both abroad and in the United States.
Supporting Evidence
The petitioner submitted various documents, including organizational charts, detailed job descriptions, and evidence of the beneficiary’s discretionary authority within the organization. The AAO found these materials sufficient to establish the managerial nature of the beneficiary’s roles.
Additional Notes
The AAO emphasized the importance of submitting relevant, probative, and credible evidence to establish the managerial or executive 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, both abroad and in the United States, would be primarily managerial in nature.
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