Date of Decision: JAN. 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: Chief Executive Officer
Field: Business Management
Nationality: Portuguese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The Petitioner, a company specializing in selling fine porcelain and crystal, filed a petition seeking to permanently employ the Beneficiary as its Chief Executive Officer (CEO) in the United States. The petition was filed under the first preference immigrant classification for multinational executives or managers (EB-1C). The Beneficiary, originally from Portugal, had previously served as a U.S. Country Manager, overseeing a sales subsidiary of the foreign company in the United States.
Key Issues
The primary issue in this case was whether the Beneficiary’s role in the United States and his previous position abroad met the criteria for a managerial or executive capacity as required under the EB-1C classification. The Nebraska Service Center initially denied the petition, concluding that the evidence provided was insufficient to demonstrate that the Beneficiary’s role in the United States or abroad involved qualifying managerial or executive tasks.
USCIS Findings
Upon appeal, the Administrative Appeals Office (AAO) conducted a de novo review and found that the Beneficiary’s duties in both the United States and abroad met the necessary criteria for a managerial capacity. The Petitioner provided detailed and credible duty descriptions indicating that the Beneficiary would supervise vice presidents and oversee critical functions of the company, thereby qualifying as a personnel manager. Furthermore, evidence submitted showed that the Beneficiary had full discretionary authority over the U.S. sales subsidiary in his previous role abroad, further substantiating his managerial capacity.
Supporting Evidence
Key evidence included detailed duty descriptions for the Beneficiary’s roles, organizational charts showing the hierarchy and reporting structure, and documentation of the Beneficiary’s authority to hire, fire, and manage personnel. This evidence collectively demonstrated that the Beneficiary was engaged primarily in managerial tasks, both in the U.S. and in his previous role abroad.
Additional Notes
The AAO referenced the Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017), to support its conclusion that the Beneficiary’s roles qualified under the EB-1C criteria. The decision emphasized the importance of the Beneficiary’s discretion in overseeing significant aspects of the company’s operations.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the Beneficiary’s role as meeting the EB-1C criteria for a multinational manager or executive.
