Date of Decision: August 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Media Content and Programming
Beneficiary Information
Profession: Chief Creative Officer
Field: Media Content and Programming
Nationality: German
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
In this case, the petitioner, a media content and programming company, sought to permanently employ the beneficiary as a Chief Creative Officer under the EB-1C classification for multinational executives or managers. The petitioner aimed to transfer the beneficiary from his role in Germany to a similar role in the United States, emphasizing his capacity to manage essential functions within the company.
Key Issues
The primary issue in this case revolved around whether the beneficiary’s role, both in Germany and the United States, could be classified as a managerial or executive position. The USCIS initially denied the petition, concluding that the evidence provided did not sufficiently establish the beneficiary’s roles as managerial or executive in nature.
USCIS Findings
Upon reviewing the appeal, the Administrative Appeals Office (AAO) conducted a de novo review and found that the petitioner had successfully demonstrated that the beneficiary served as a function manager in Germany and would continue in this capacity in the United States. The AAO highlighted the statutory definition of “managerial capacity,” which includes both personnel managers and function managers. The AAO concluded that the petitioner had met the necessary criteria, establishing that the beneficiary would manage an essential function, act at a senior level, and exercise discretion over day-to-day operations.
Supporting Evidence
The petitioner provided comprehensive documentation, including detailed descriptions of the beneficiary’s duties in both Germany and the United States. This evidence outlined the creative function managed by the beneficiary, which is core to the organization’s global media programming. The evidence was deemed sufficient to prove the beneficiary’s role as a function manager.
Additional Notes
The AAO noted the importance of clearly defining the function managed by the beneficiary and establishing its essential nature to the organization. The appeal was sustained based on the preponderance of evidence provided by the petitioner.
Conclusion
Final Determination: The appeal was sustained, approving the petition for the beneficiary to be classified as a multinational executive or manager under the EB-1C category.
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