Date of Decision: FEB. 3, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology Management
Beneficiary Information
Profession: Manager, Application Development
Field: Information Technology Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner is an IT company with a staff of 58 employees, seeking to permanently employ the beneficiary as its “Manager, Application Development” under the EB-1C classification for multinational executives or managers. The beneficiary has been responsible for managing the application development component within both the foreign and U.S. entities of the company.
Key Issues
The primary issue in the case was whether the petitioner established that the beneficiary was employed abroad and would be employed in the United States in a managerial capacity. The director initially denied the petition, citing inconsistencies in the beneficiary’s job descriptions and the company’s organizational chart. Additionally, the director questioned the relevance of the beneficiary’s personnel management duties to a determination of managerial capacity.
USCIS Findings
Upon review, the USCIS concluded that the petitioner adequately addressed the director’s concerns. The petitioner provided sufficient evidence to clarify that the beneficiary’s roles, both abroad and in the U.S., primarily involved personnel management duties. The USCIS recognized the beneficiary’s discretionary authority and significant placement within the company’s hierarchy, establishing that the beneficiary was more likely than not employed in a managerial capacity.
Supporting Evidence
The petitioner provided detailed explanations of the beneficiary’s job duties, both in the foreign and U.S. entities. This included an elaboration on the responsibilities of the beneficiary’s subordinate “Team Leads” and clarifications regarding the organizational chart. The evidence demonstrated the beneficiary’s management of teams responsible for software development tasks, supporting the claim that the beneficiary operated in a managerial role.
Additional Notes
The USCIS acknowledged the petitioner’s detailed clarifications regarding the beneficiary’s job duties and organizational structure, which were critical in overturning the initial denial. This case underscores the importance of providing comprehensive and consistent evidence when establishing a beneficiary’s managerial capacity.
Conclusion
Final Determination: The appeal was sustained, and the beneficiary was recognized as being employed in a managerial capacity, qualifying for the EB-1C classification.
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