Date of Decision: March 20, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Index Trading
Beneficiary Information
Profession: Head of Index Trading, Americas
Field: Index Trading
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner is an international bank seeking to employ the beneficiary as the “Head of Index Trading, Americas.” The petition was filed under the EB-1C classification for multinational executives or managers. The beneficiary’s role involves overseeing the bank’s index trading department in the United States, a position requiring a managerial capacity.
Key Issues
The key issue in this case was whether the beneficiary would be employed in the United States and had been employed abroad in a managerial or executive capacity. The initial decision by the Nebraska Service Center denied the petition, stating that the evidence did not establish the beneficiary’s managerial capacity, particularly questioning if the beneficiary’s role was more akin to that of a first-line supervisor rather than a personnel manager.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) found that the evidence provided by the petitioner was sufficient to establish that the beneficiary’s duties in the U.S. would involve managing professional subordinates, specifically professional traders with bachelor’s degrees. The AAO concluded that the beneficiary had the authority to hire, fire, and manage personnel, thus fulfilling the criteria for a managerial role. The AAO also agreed that the beneficiary’s previous role abroad similarly qualified as a managerial position, meeting the requirements for the EB-1C classification.
Supporting Evidence
Key evidence included detailed job descriptions, organizational charts, and documentation of the beneficiary’s authority over subordinates. This evidence demonstrated that the beneficiary was not merely a first-line supervisor but a personnel manager responsible for critical management functions within the organization.
Additional Notes
The AAO highlighted the importance of providing comprehensive and credible documentation to establish the managerial capacity of a beneficiary in both their current U.S. role and their previous role abroad. This case underscores the necessity of detailed evidence to substantiate claims of managerial or executive duties.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the beneficiary’s role as a managerial position in both the U.S. and abroad.
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