Date of Decision: June 27, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Marketing and Retail Management
Beneficiary Information
Profession: Marketing Director (US Luxury)
Field: Marketing and Retail Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a company specializing in the manufacturing and marketing of fragrances, cosmetics, skincare, and other beauty products, sought to permanently employ the beneficiary as a “Marketing Director (US Luxury)” under the EB-1C immigrant classification for multinational executives or managers. The beneficiary was employed to manage the marketing efforts for the company’s travel retail business, which generates over $100 million in annual sales. The petitioner requested a green card for the beneficiary based on his executive role in the organization.
Key Issues
The primary issues in this case were whether the beneficiary was employed in a managerial or executive capacity in the United States and whether the petitioner had the financial ability to pay the beneficiary’s proffered wage. The Nebraska Service Center initially denied the petition, concluding that the petitioner failed to demonstrate these requirements adequately.
USCIS Findings
Upon review, the USCIS found that the beneficiary was indeed functioning as a managerial employee during his tenure with the foreign employer. The beneficiary’s responsibilities included overseeing essential marketing functions, delegating non-qualifying tasks to a subordinate, and holding authority over hiring and personnel decisions. Additionally, the petitioner submitted sufficient financial documentation, including paystubs and tax documents, proving their ability to pay the beneficiary’s salary in the United States.
Supporting Evidence
The petitioner provided a detailed description of the beneficiary’s job duties, emphasizing his managerial role. Furthermore, the submitted evidence, including paystubs and a 2017 IRS Form W-2, demonstrated that the petitioner had been paying the beneficiary a salary higher than the proffered wage, confirming their financial capability.
Additional Notes
The USCIS considered the totality of the evidence and concluded that the petitioner had successfully demonstrated that the beneficiary met the qualifications for the EB-1C classification. The decision was based on the extensive documentation provided and the petitioner’s clear ability to support the beneficiary’s role financially.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the beneficiary to continue working in the United States in an executive capacity.
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