Date of Decision: June 22, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Sanitary Articles, Cosmetics, and Medical Devices
Beneficiary Information
Profession: Chief Operating Officer
Field: Sanitary Articles, Cosmetics, and Medical Devices
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a supplier of sanitary articles, cosmetics, and medical devices, sought to permanently employ the beneficiary as its Chief Operating Officer 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 the beneficiary would be employed in the United States in a managerial or executive capacity and that her employment would be full-time.
On appeal, the petitioner submitted additional evidence and argued that the Director mischaracterized the nature of the beneficiary’s responsibilities, her position within the corporate hierarchy, and her responsibility for directing a major component or function of the broader multinational organization. After a de novo review, the Administrative Appeals Office (AAO) found that the petitioner successfully demonstrated that the beneficiary’s role involved oversight of both foreign and U.S. staff, and that she would primarily perform executive duties. The appeal was sustained.
Key Issues
The primary issues were whether the petitioner could demonstrate that the beneficiary would be employed in a managerial or executive capacity in the U.S. and whether the beneficiary’s employment would be full-time. The AAO determined that the petitioner provided sufficient evidence to establish that the beneficiary would primarily perform executive duties and oversee a major component or function of the organization, with limited supervision from the parent company’s CEO.
USCIS Findings
The AAO found that the petitioner successfully demonstrated that the beneficiary’s role involved managing and supervising a team of employees both in the U.S. and abroad, thereby meeting the definition of an executive capacity under the relevant regulations.
Supporting Evidence
The petitioner submitted detailed job descriptions, organizational charts, and evidence of the beneficiary’s responsibilities and authority within the organization, which were found to be sufficient to support the claim of executive capacity.
Additional Notes
The AAO emphasized the importance of considering the contributions of both foreign and U.S. staff when assessing a petitioner’s staffing needs and determining whether a beneficiary will be sufficiently relieved from performing operational and administrative duties.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary would be employed in a qualifying executive capacity in the U.S.
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