Date of Decision: April 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology
Beneficiary Information
Profession: Director of Information Technology
Field: Information Technology Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a supply chain management company with a staff of 72 employees, filed an EB-1C petition to permanently employ the beneficiary as the Director of Information Technology. The classification sought is for multinational executives or managers, allowing the transfer of a qualified foreign employee to the U.S. to work in an executive or managerial capacity.
Key Issues
The main issue cited by the USCIS was whether the beneficiary was employed abroad and would be employed in the United States in a managerial or executive capacity. The Director noted inconsistencies in the number of subordinates managed by the beneficiary in the foreign position, raising doubts about the reliability of the submitted evidence. Additionally, the USCIS questioned whether the job titles or hierarchical positioning alone were sufficient to establish the beneficiary’s role as qualifying for the requested classification.
USCIS Findings
The USCIS Director focused on an inconsistency related to the number of subordinates managed by the beneficiary, which seemed to fluctuate between five and six in different submissions. This inconsistency, coupled with the perceived lack of detailed job descriptions, led to the initial denial of the petition. However, upon appeal, it was determined that the Director did not adequately consider the beneficiary’s discretionary authority over the U.S. and foreign IT departments, nor the critical role of the IT function within the organization. The appeal decision noted that the Director’s reliance on “other evidence” to cast doubt on the beneficiary’s job duties was ambiguous and insufficient.
Supporting Evidence
The petitioner provided statements from senior management emphasizing the beneficiary’s critical role and discretionary authority over IT operations in both the U.S. and foreign entities. The appeal also addressed the Director’s concerns about the perceived inconsistency regarding the number of subordinates, clarifying that the initial claim was based on outdated information.
Additional Notes
The AAO agreed that the Director’s reference to “other evidence” was overly broad, making it difficult for the petitioner to respond adequately. The evidence presented was found to sufficiently establish the beneficiary’s managerial role within the multinational organization.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, acknowledging that the beneficiary is more likely than not employed in a managerial capacity.
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