Date of Decision: December 21, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Medical Device Manufacturing
Beneficiary Information
Profession: Chief Operating Officer (COO)
Field: Medical Device Manufacturing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The Petitioner, a U.S.-based medical device manufacturer, filed a petition to permanently employ the Beneficiary as its Chief Operating Officer (COO) in the United States. The Beneficiary has significant responsibilities, including oversight of international employees and managing the company’s quality management system, international marketing plans, and regulatory compliance. The Petitioner sought an EB-1C visa classification for the Beneficiary as a multinational executive or manager.
Key Issues
The main issue in this case was whether the Beneficiary would be employed in a managerial or executive capacity in the United States. The Director of the Nebraska Service Center initially denied the petition, citing concerns that the Petitioner’s U.S. staffing levels were insufficient to relieve the Beneficiary from daily operational duties, thus questioning whether the Beneficiary’s role qualified as managerial or executive.
USCIS Findings
The USCIS found that the Petitioner had not adequately demonstrated that the Beneficiary would be employed in a managerial or executive capacity, as defined under section 101(a)(44) of the Immigration and Nationality Act. The Director initially emphasized that the Petitioner’s U.S. staff of five full-time employees did not sufficiently support the claim that the Beneficiary would primarily perform managerial duties. However, upon appeal, it was recognized that the Director erred by not considering the Beneficiary’s foreign subordinates and operations. This oversight led to the denial being overturned when new evidence was presented.
Supporting Evidence
On motion to reopen, the Petitioner provided additional documentation demonstrating that the Beneficiary’s responsibilities included managing critical functions such as quality management, international marketing, and regulatory compliance. The evidence showed that the Beneficiary supervises key personnel within the organization, including the president of sales marketing, the manager of human resources and finance, and research and development managers.
Additional Notes
The USCIS acknowledged that employees of the broader multinational organization could be considered when assessing a petitioner’s staffing needs. This precedent, supported by the Matter of Z-A-, Inc. decision, was crucial in overturning the initial denial.
Conclusion
Final Determination: The motion to reopen was granted, and the appeal was sustained, resulting in the approval of the petition for the Beneficiary under the EB-1C classification.
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