Date of Decision: April 21, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Plastics and Metals Recycling
Beneficiary Information
Profession: Administrative Manager
Field: Plastics and Metals Recycling
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a plastics and metals recycling plant, sought to permanently employ the beneficiary as its administrative manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that: (1) the petitioner has a qualifying relationship with the beneficiary’s foreign employer, and (2) the beneficiary will be employed in the United States in a managerial or executive capacity.
On appeal, the petitioner submitted additional evidence, including an amended tax return, and argued that the Director erred in not recognizing the beneficiary’s continuing authority over the foreign company where she previously worked. Upon de novo review, the Administrative Appeals Office (AAO) sustained the appeal, finding that the petitioner had resolved the issues identified by the Director, including demonstrating that the foreign company is indeed the petitioner’s subsidiary and that the beneficiary would be employed in a managerial capacity.
Key Issues
The primary issues were whether the petitioner could demonstrate a qualifying relationship between the U.S. petitioner and the beneficiary’s foreign employer and whether the beneficiary would be employed in a managerial or executive capacity in the U.S. The AAO determined that the petitioner successfully addressed these issues on appeal.
USCIS Findings
The AAO found that the petitioner provided sufficient evidence to establish that the foreign company is a subsidiary of the U.S. petitioner. The AAO also concluded that the Director’s decision did not appropriately consider the reasonable needs of the petitioner’s organization and that the beneficiary’s role was indeed managerial in nature.
Supporting Evidence
The petitioner submitted an amended tax return, additional documentation, and clarification on the relationship between the U.S. petitioner and the foreign subsidiary. This evidence was found to be sufficient to meet the requirements for the EB-1C classification.
Additional Notes
The AAO emphasized the importance of providing clear and consistent documentation to establish both the qualifying relationship and the managerial nature of the beneficiary’s role.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary met the requirements for the EB-1C classification.
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