Date of Decision: November 21, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Human Resources Management
Petitioner Information
Profession: Human Resources Manager
Field: Human Resources Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a global consulting firm, sought to permanently employ the beneficiary in the United States under the EB-1 classification for multinational executives or managers. The beneficiary was intended to serve in a managerial capacity within the company’s human resources department, overseeing an essential function and supervising subordinate professionals.
Key Issues
The initial petition was denied on the grounds that the record did not establish that the beneficiary would be employed in a managerial or executive capacity in the United States, nor that the beneficiary had been employed in such a capacity in his former position abroad.
USCIS Findings
Upon appeal, the petitioner provided a detailed description of the beneficiary’s duties both in the United States and abroad, demonstrating that he would be engaged in qualifying managerial tasks. The evidence presented indicated that the beneficiary would oversee essential functions within the human resources department and delegate non-qualifying tasks to subordinate professionals, affirming his role as a function manager. The USCIS, after de novo review, found the evidence credible and sufficient to establish that the beneficiary met the requirements for the managerial capacity in both his past and future roles.
Supporting Evidence
Key evidence included detailed job descriptions, documentation of the beneficiary’s authority over planning, analysis, and forecasting of recruiting activities, and evidence of his supervision of subordinate professionals. This evidence was pivotal in overturning the initial decision and approving the appeal.
Additional Notes
The appeal demonstrated the importance of detailed and credible documentation in establishing the beneficiary’s managerial capacity, both in the United States and in his previous role abroad. This case highlights the need for petitioners to thoroughly document the beneficiary’s role and responsibilities when seeking immigration benefits under the EB-1 classification.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
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