Date of Decision: September 6, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Technology
Petitioner Information
Profession: Product Operations Specialist
Field: Software Technology
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, U-T-, Inc., a software technology company, sought to employ the beneficiary in the United States as a “Product Operations Specialist” under the EB-1C classification for multinational executives or managers. The beneficiary was to manage essential functions related to the company’s product operations, particularly focusing on building an onboarding system for global customers. The petition aimed to classify the beneficiary as a function manager, a role that does not primarily supervise staff but is responsible for managing an essential function within the organization.
Key Issues
The primary issue identified by the USCIS was the failure to establish that the beneficiary’s proposed role in the United States would be in a managerial capacity, specifically as a function manager. The petitioner did not provide sufficient evidence to demonstrate that the beneficiary’s U.S. employment would involve managing a clearly defined and essential function, as required for the EB-1C classification.
USCIS Findings
The USCIS found that the petitioner did not adequately describe the function the beneficiary would manage. Additionally, the organizational chart provided was unclear and did not establish the beneficiary’s level of seniority within the organization. The petitioner also failed to provide sufficient evidence that the beneficiary’s subordinates were professional employees requiring a baccalaureate degree, a key criterion for establishing managerial capacity.
Supporting Evidence
The petitioner submitted an organizational chart and a breakdown of job duties but failed to clarify the beneficiary’s specific role and responsibilities within the organization. The evidence provided did not demonstrate that the beneficiary would primarily manage the essential function or that the role met the criteria for a function manager.
Additional Notes
The appeal was dismissed because the petitioner did not provide evidence that the beneficiary’s position at the time of filing met the requirements for an EB-1C classification. Moreover, the petitioner’s submission of a job description for a new position, assumed after the petition was filed, was not relevant to the original petition and could not be considered in the decision.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied due to insufficient evidence supporting the beneficiary’s eligibility for the EB-1C classification as a function manager.
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