Date of Decision: January 3, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: International Sales Management
Beneficiary Information
Profession: International Sales Manager
Field: International Sales Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a company specializing in the manufacturing and sale of industrial mats and other ergonomic products, sought to permanently employ the beneficiary, an International Sales Manager, in the United States under the EB-1C classification for multinational executives or managers. The beneficiary had previously served as the European Sales Director for the company’s foreign affiliate, overseeing the European sales department.
The petition aimed to classify the beneficiary as a multinational executive, leveraging his experience managing essential functions related to the company’s global sales operations.
Key Issues
The Nebraska Service Center initially denied the petition on several grounds, including:
- Lack of a Qualifying Relationship: The Service Center questioned whether the petitioner existed as an importing employer and if there was a qualifying relationship between the petitioner and the beneficiary’s foreign employer.
- Managerial Capacity: The Service Center doubted whether the beneficiary had been employed in a managerial or executive capacity abroad.
- Prospective Employment: The Service Center questioned whether the beneficiary would be employed in a qualifying managerial or executive capacity in the United States.
USCIS Findings
Upon appeal, the Administrative Appeals Office (AAO) conducted a de novo review and found that the petitioner provided sufficient evidence to establish:
- The petitioner still existed as a legal entity, despite having converted from a corporation to a limited liability company. The petitioner demonstrated that it maintained a qualifying relationship with the beneficiary’s foreign employer.
- The beneficiary had indeed performed duties in a managerial capacity abroad, overseeing an essential function of the company—its European sales department. Evidence such as detailed job descriptions, subordinate delegation, and the beneficiary’s authority over personnel decisions supported this finding.
- The beneficiary’s prospective role in the United States as an International Sales Director was consistent with his previous managerial duties abroad, thus qualifying him for the EB-1C classification.
Supporting Evidence
Key evidence that influenced the AAO’s decision included:
- Documentation confirming the petitioner’s corporate restructuring and continued existence as a legal entity.
- Detailed job descriptions illustrating the managerial nature of the beneficiary’s role both abroad and in the United States.
- Organizational charts and evidence of the beneficiary’s authority over personnel decisions.
Additional Notes
The AAO emphasized the importance of thoroughly documenting any corporate changes that might affect the qualifying relationship between the petitioner and the beneficiary’s foreign employer. The evidence presented by the petitioner in this case was deemed sufficient to meet the burden of proof required for the EB-1C classification.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the beneficiary to be classified as an EB-1C multinational executive in the United States.
Download the Full Petition Review Here
