Date of Decision: JAN. 25, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Processing and Management
Beneficiary Information
Profession: Portfolio Manager
Field: Information Processing and Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a company involved in information processing, manufacturing, sales, and services, sought to employ the beneficiary as a portfolio manager under the EB-1C classification for multinational executives or managers. The position required the beneficiary to oversee several subordinate supervisors and professionals within the organization, including program and project managers, technical leads, and developers. The petition aimed to establish the beneficiary’s eligibility to be classified as a personnel manager, both in the United States and in his previous position abroad.
Key Issues
The primary issue in this case revolved around whether the beneficiary would be employed in the United States in a managerial or executive capacity and whether he was employed in a similar capacity abroad. The initial denial stemmed from the Director’s conclusion that the evidence provided was insufficient to establish the beneficiary’s qualifying role in both his current and former positions.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) found that the petitioner had provided a detailed and credible duty description for the beneficiary. The evidence demonstrated that the beneficiary would oversee several subordinate supervisors and professionals and have authority over significant personnel actions. The AAO concluded that the beneficiary would likely act in a managerial capacity in the United States. Additionally, the evidence provided showed that the beneficiary had previously held a similar managerial role abroad, overseeing supervisory and professional subordinates and managing day-to-day operations.
Supporting Evidence
Key evidence considered in the decision included detailed duty descriptions, organizational charts, and documentation illustrating the beneficiary’s authority over personnel and his discretion in managing departmental operations. The evidence sufficiently demonstrated that the beneficiary’s roles in both the United States and abroad were managerial in nature, meeting the requirements set forth in 8 C.F.R. § 204.5(j)(2).
Additional Notes
The AAO noted the importance of providing comprehensive and credible evidence of a beneficiary’s managerial role, both in the United States and in previous positions abroad. The petitioner successfully demonstrated that the beneficiary was relieved from performing non-qualifying operational tasks by his subordinates, which was crucial in overturning the initial denial.
Conclusion
Final Determination: The appeal was sustained, and the petition for the beneficiary to be classified as a multinational manager or executive under the EB-1C category was approved.
