Date of Decision: August 26, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Strategy and Technology Management
Beneficiary Information
Profession: Director of Strategy
Field: Strategy and Technology Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, P-W- LLC, a company specializing in design, user interface, and technology, sought to permanently employ the beneficiary as the “Director of Strategy” under the EB-1C immigrant classification for multinational executives or managers. This visa classification allows a U.S. employer to transfer a qualified foreign employee to work in an executive or managerial capacity in the United States.
The Director of the Nebraska Service Center initially denied the petition, concluding that the petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive capacity. The decision highlighted concerns about discrepancies between the beneficiary’s job titles and responsibilities from the time the petition was filed to the response to the Request for Evidence (RFE).
Key Issues
The main issue in the denial of the petition was the inconsistency between the beneficiary’s job position at the time of filing and the position presented in response to the RFE. The Director perceived this change as an attempt by the petitioner to retroactively establish the beneficiary’s eligibility, which raised concerns about the genuineness of the job position and the managerial nature of the role.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) disagreed with the initial decision, concluding that the petitioner provided sufficient evidence to establish that the beneficiary’s position, both at the time of filing and in the updated RFE response, qualified as a managerial role. The AAO acknowledged that the beneficiary received a promotion during the time between filing and responding to the RFE, which did not fundamentally alter the nature of his managerial duties.
The AAO emphasized that the petitioner demonstrated the beneficiary’s role involved overseeing a department that supported a significant client and included several supervisors and professionals. The evidence also showed that the beneficiary had the authority to make personnel decisions and that his managerial duties relieved him from performing non-qualifying tasks.
Supporting Evidence
The petitioner provided detailed job descriptions for both the original and updated positions, demonstrating that the beneficiary was primarily engaged in qualifying managerial tasks. Additionally, the evidence included organizational charts and descriptions of the department’s functions, which supported the beneficiary’s role as a personnel manager.
Additional Notes
The AAO noted that the totality of the evidence submitted by the petitioner effectively met the burden of proof required to establish that the beneficiary would likely be employed in a managerial capacity in the United States, as defined under 8 C.F.R. § 204.5(j)(2).
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
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