Date of Decision: May 27, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Project and Engineering Management
Beneficiary Information
Profession: Project Manager
Field: Project and Engineering Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a manufacturer and distributor of food additives, sought to employ the beneficiary, a seasoned project manager, permanently in the United States under the EB-1C classification for multinational executives or managers. The beneficiary had been employed abroad with various foreign affiliates of the petitioner, fulfilling roles in project and engineering management since 2005. The petition aimed to leverage his extensive managerial experience for a similar position within the petitioner’s U.S. operations.
Key Issues
The primary issue leading to the initial denial was the failure to establish that the beneficiary had been employed in a managerial or executive capacity abroad for at least one year in the three years preceding his entry into the United States as a nonimmigrant. The USCIS Director focused on the beneficiary’s recent short-term employment with a foreign affiliate in 2017, which was deemed insufficient to satisfy the requirements.
USCIS Findings
Upon appeal, the USCIS Administrative Appeals Office (AAO) conducted a de novo review and concluded that the petitioner successfully demonstrated the beneficiary’s managerial role abroad for the requisite one year in the three years preceding his U.S. entry. The AAO clarified that the analysis should consider the beneficiary’s long-term employment abroad prior to his first entry into the United States in 2012, in addition to his more recent employment stints. The AAO referenced Matter of S-P-, Inc., an adopted decision, to support that the beneficiary’s continuity of employment with the multinational organization was not disrupted by his 10-month tenure in China in 2017.
Supporting Evidence
Key evidence included detailed records of the beneficiary’s employment history with the petitioner’s foreign affiliates, highlighting his roles in project and engineering management dating back to 2005. The documentation substantiated that the beneficiary’s responsibilities aligned with managerial capacities as required by EB-1C classification standards.
Additional Notes
The AAO’s decision underscores the importance of considering the full scope of a beneficiary’s employment history when evaluating eligibility for EB-1C classification, particularly for multinational executives and managers. The petitioner’s ability to substantiate the continuity of the beneficiary’s managerial role was crucial in overturning the initial denial.
Conclusion
Final Determination: The appeal was approved, allowing the beneficiary to be classified under the EB-1C category as a multinational manager or executive.
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