Date of Decision: February 22, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Semiconductor Manufacturing
Beneficiary Information
Profession: Quality Manager
Field: Semiconductor Manufacturing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Motion to Reopen/Reconsider Outcome: Motion to Reopen Granted, Motion to Reconsider Moot
Case Overview
The petitioner, a manufacturer of semiconductors, sought to permanently employ the beneficiary as a quality manager under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary had been, and would be, employed in a managerial or executive capacity.
The petitioner appealed the decision, but the appeal was dismissed by the Administrative Appeals Office (AAO), which found that the petitioner had not provided sufficient information about the beneficiary’s duties or those of his subordinates to meet the statutory requirements for managerial capacity. The petitioner then filed a motion to reopen and a motion to reconsider, submitting new evidence.
Upon reviewing the new evidence, which included additional details about the beneficiary’s duties, the duties of his subordinates, and their educational credentials, the AAO granted the motion to reopen and sustained the appeal. The AAO concluded that the new evidence provided sufficient information to establish that the beneficiary’s role met the criteria for managerial capacity under the EB-1C classification.
Key Issues
The central issue was whether the petitioner could demonstrate that the beneficiary had been, and would be, employed in a managerial capacity, as defined by the Immigration and Nationality Act (INA). The AAO determined that the new evidence submitted by the petitioner was sufficient to meet these requirements.
USCIS Findings
The AAO found that the petitioner provided adequate evidence to demonstrate that the beneficiary’s duties primarily involved managerial tasks, and that he supervised a staff of subordinate professional employees. The AAO concluded that the beneficiary’s role, both abroad and in the United States, met the statutory definition of “managerial capacity.”
Supporting Evidence
The petitioner submitted new documentation detailing the beneficiary’s duties, the duties of his subordinates, and their educational backgrounds. This evidence was found to be sufficient to address the grounds for the previous denial.
Additional Notes
The AAO emphasized the importance of providing detailed and specific information about both the beneficiary’s duties and the duties of any subordinates when seeking to establish eligibility for the EB-1C classification.
Conclusion
Final Determination: The motion to reopen was granted, and the appeal was sustained. The petitioner successfully demonstrated that the beneficiary met the requirements for the EB-1C classification as a quality manager.
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