Date of Decision: April 21, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Combustion and Pollution Control Technology
Beneficiary Information
Profession: Manager, Application Engineering
Field: Combustion and Pollution Control Technology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a manufacturer of combustion and pollution control technology, sought to permanently employ the beneficiary as a manager of application engineering under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary was employed abroad in a managerial or executive capacity by a qualifying employer for at least one year before entering the United States.
On appeal, the petitioner submitted additional evidence, asserting that the Director erred by not considering the beneficiary’s work abroad between June 2012 and January 2014. Upon de novo review, the Administrative Appeals Office (AAO) sustained the appeal, finding that the beneficiary was employed in a managerial capacity by a foreign entity that became a subsidiary of the petitioning U.S. employer. The AAO determined that the petitioner overcame the only stated basis for denial.
Key Issues
The primary issue was whether the petitioner could demonstrate that the beneficiary was employed abroad in a managerial capacity by a qualifying employer for at least one year before entering the United States. The AAO determined that the petitioner successfully demonstrated that the beneficiary met this requirement, considering the foreign entity’s acquisition by the U.S. petitioner during the relevant period.
USCIS Findings
The AAO found that the petitioner provided sufficient evidence to demonstrate that the beneficiary was employed in a managerial capacity abroad for the required period and that the foreign entity was a qualifying subsidiary of the U.S. petitioner at the time of filing.
Supporting Evidence
The petitioner submitted evidence of the foreign entity’s acquisition, the beneficiary’s employment history, and documentation of the managerial duties performed, which were found to be sufficient to support the appeal.
Additional Notes
The AAO emphasized that the statute and regulations require a qualifying relationship between the U.S. petitioner and the foreign employer at the time of filing, but do not specify the duration of this relationship prior to the filing date.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary was employed in a qualifying managerial capacity abroad, and the foreign entity had the required relationship with the U.S. petitioner at the time of filing.
Download the Full Petition Review Here
