Date of Decision: March 20, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Financial Services
Beneficiary Information
Profession: Director
Field: Financial Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, B-C-US, Inc., is a global financial services provider seeking to permanently employ the beneficiary as a Director under the EB-1C classification for multinational executives or managers. This visa classification allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petition was initially denied by the Nebraska Service Center, which concluded that the petitioner failed to establish that the beneficiary would be employed in the United States in a managerial capacity. The denial primarily focused on the size of the beneficiary’s subordinate staff.
Key Issues
The primary issue in this case was whether the petitioner could demonstrate that the beneficiary would be employed in a managerial capacity in the U.S. The Nebraska Service Center’s denial was based on the conclusion that the evidence provided was insufficient, particularly concerning the size of the beneficiary’s subordinate staff, which is a critical factor in determining managerial capacity.
USCIS Findings
The USCIS Director’s findings were centered around the managerial capacity of the beneficiary, focusing on whether the beneficiary’s role in the U.S. would meet the criteria for a managerial position. The Director initially found that the size of the beneficiary’s subordinate staff did not support a managerial designation.
However, upon de novo review, the Administrative Appeals Office (AAO) found that the petitioner had provided sufficient evidence to establish that the beneficiary would manage a critical function within the organization. The evidence included a detailed breakdown of the beneficiary’s job duties and a comprehensive discussion of the beneficiary’s role in managing global initiatives that contribute significantly to the petitioning organization.
Supporting Evidence
Key evidence included detailed documentation of the beneficiary’s role, which involved managing global initiatives for a product contributing over $3 billion to the organization worldwide. The petitioner provided a job duty breakdown and descriptions of how the beneficiary would be working with a cross-functional team globally, demonstrating that the beneficiary’s role was indeed managerial.
Additional Notes
The AAO emphasized the importance of the beneficiary’s role in managing a critical function within a large global organization, which was crucial in overturning the initial denial. The AAO’s decision was based on the totality of the evidence presented, which effectively addressed the concerns raised by the Director of the Nebraska Service Center.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the beneficiary to be employed as a Director in the U.S. under the EB-1C classification for multinational executives or managers.
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