Date of Decision: February 17, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Technology-Based Product Development
Beneficiary Information
Profession: Director, Financial Planning and Analysis (FP&A)
Field: Technology-Based Product Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a multinational technology-based product development corporation, sought to permanently employ the beneficiary as its Director of Financial Planning and Analysis (FP&A) under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, finding that the petitioner did not establish that it would employ the beneficiary in a managerial capacity.
On appeal, the petitioner argued that the Director misinterpreted the facts and abused his discretion in denying the petition. The petitioner stated that the beneficiary had been employed as an L-1A nonimmigrant in a position with the same title since 2013. The petitioner further argued that the Director incorrectly assessed the beneficiary’s role as a function manager.
Upon de novo review, the Administrative Appeals Office (AAO) sustained the appeal, concluding that the petitioner had established that the beneficiary would be employed in a qualifying managerial capacity, specifically as a function manager.
Key Issues
The central issue was whether the petitioner established that the beneficiary would be employed in a qualifying managerial capacity, particularly whether the beneficiary would primarily manage an essential function within the organization. The AAO determined that the petitioner successfully demonstrated that the FP&A function is essential to the petitioner’s business and that the beneficiary would primarily manage this function at a senior level.
USCIS Findings
The AAO found that the petitioner provided sufficient evidence to establish that FP&A is a clearly defined and essential function within the organization. The beneficiary’s role involved managing this function, directing financial strategies, overseeing revenue forecasts, and leading mergers and acquisitions. The AAO determined that the beneficiary’s duties were primarily managerial and that the beneficiary occupied a senior position within the organizational hierarchy.
Supporting Evidence
The petitioner submitted detailed job descriptions, organizational charts, and documentation of the beneficiary’s responsibilities. The evidence was found to be sufficient to support the appeal.
Additional Notes
The AAO emphasized the importance of providing specific and detailed descriptions of the beneficiary’s duties, as well as evidence of the essential nature of the function managed, to qualify as a function manager under the EB-1C classification.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary met the requirements for the EB-1C classification as a function manager.
Download the Full Petition Review Here
