Date of Decision: June 13, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Program Management/Software Engineering
Beneficiary Information
Profession: Program Manager/Project Lead/Lead Software Engineer
Field: Engineering Management in Bluetooth-Enabled Technologies
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, A-E-(N-A-), Inc., is a manufacturer of electronic components catering to the communications, automotive, and other industries. The company filed a petition to employ the beneficiary, a Program Manager/Project Lead/Lead Software Engineer, in the United States under the EB-1C classification for multinational executives or managers. The petition sought to transfer the beneficiary from an overseas managerial role to a similar position in the U.S., focusing on engineering management within the company’s automotive industry segment.
Key Issues
The primary issue in this case was the Director’s initial denial, which was based on the conclusion that the petitioner did not sufficiently demonstrate that the beneficiary had been employed abroad, nor would be employed in the U.S., in a managerial capacity. Specifically, the Director noted that the petitioner’s response to the Request for Evidence (RFE) lacked detailed information about the beneficiary’s job duties, both in the U.S. and abroad, leading to questions about the beneficiary’s eligibility for the EB-1C classification.
USCIS Findings
Upon reviewing the appeal, the Administrative Appeals Office (AAO) found that the Director’s analysis was flawed. The petitioner had, in fact, provided detailed descriptions of the beneficiary’s roles, which demonstrated his managerial responsibilities, including the supervision of subordinate professionals and authority over critical engineering functions. The AAO concluded that the Director failed to adequately consider this evidence. Furthermore, the AAO found that the petitioner had sufficiently established that the beneficiary’s role involved managerial duties as required under section 101(a)(44)(A) of the Immigration and Nationality Act (INA).
Supporting Evidence
The petitioner presented substantial documentation, including job descriptions of the beneficiary and his subordinates, as well as organizational charts that outlined the reporting structures within the company. These documents illustrated the beneficiary’s significant role in managing engineering functions critical to the company’s operations, particularly in developing Bluetooth-enabled technologies for automotive clients. The evidence confirmed that the beneficiary had the requisite authority and responsibility to qualify as a manager under the EB-1C classification.
Additional Notes
The AAO emphasized the importance of providing detailed job descriptions and organizational charts in response to RFEs, as these documents were crucial in overturning the Director’s initial decision. The case also highlighted the need for petitioners to address any deficiencies noted by the USCIS clearly and comprehensively to ensure a favorable outcome.
Conclusion
Final Determination: The appeal was sustained, and the petition for the beneficiary to be classified as an EB-1C multinational manager was approved.
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