Date of Decision: October 18, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Technology Product Management
Beneficiary Information
Profession: Principal Product Manager – Technology
Field: Technology Product Management
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The Petitioner, an electronic commerce company, sought to employ the Beneficiary as its Principal Product Manager – Technology under the EB-1 classification for multinational executives or managers. This visa classification allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity.
The Director of the Nebraska Service Center initially denied the petition, determining that the Petitioner did not establish that the Beneficiary’s last foreign employer continued to do business abroad or that the Beneficiary was employed abroad, and would be employed in the United States, in a managerial or executive capacity. On appeal, the Petitioner submitted additional evidence to address these concerns. Upon de novo review, the Administrative Appeals Office (AAO) found that the Petitioner had met the eligibility requirements, leading to the approval of the appeal.
Key Issues
The primary issues in this case included:
Ongoing Business Operations Abroad: The Director determined that the Petitioner failed to establish that the Beneficiary’s last foreign employer continued to operate abroad, which is a requirement for the EB-1 classification.
Managerial Capacity of Employment: The Director also found that the evidence did not sufficiently demonstrate that the Beneficiary was employed in a managerial capacity abroad or that he would be employed in such a capacity in the United States.
USCIS Findings
The Administrative Appeals Office (AAO) made several key findings:
Business Operations: On appeal, the Petitioner provided sufficient evidence to demonstrate that the Beneficiary’s foreign employer continued to do business as part of the company’s multinational operations. The documentation confirmed ongoing business activities in Italy.
Managerial Role Abroad and in the U.S.: The Petitioner provided additional details regarding the Beneficiary’s role abroad, demonstrating that he primarily managed the global sales component of the company, supervised professional personnel, had authority over hiring and firing decisions, and exercised discretion over worldwide sales operations. In the U.S., the Beneficiary would manage an essential product management function related to high-performance computing (HPC) products, operate at a senior level, delegate non-managerial tasks to subordinates, and oversee the day-to-day operations of the function.
Supporting Evidence
Key evidence considered in this decision included:
Business Documentation: The Petitioner provided records demonstrating the continued operation of the foreign entity, including financial statements, business registrations, and operational documents.
Job Descriptions and Organizational Charts: The Petitioner submitted detailed job descriptions and organizational charts that clearly outlined the Beneficiary’s managerial responsibilities both abroad and in the United States.
Employment Records: The Petitioner provided records of the Beneficiary’s employment history, including performance evaluations and records of authority in managing the global sales component, supporting the claim of managerial capacity.
Additional Notes
The AAO emphasized the importance of providing clear, comprehensive, and consistent evidence when petitioning for an EB-1 classification. The Petitioner’s success in this case was due to the thorough documentation provided on appeal, which addressed all concerns raised in the initial denial.
Conclusion
Final Determination: The appeal was sustained. The Petitioner successfully demonstrated that the Beneficiary’s foreign employer continued to operate and that the Beneficiary was employed in a managerial capacity, qualifying him for the EB-1 classification for multinational executives or managers.
