Date of Decision: August 26, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology Services
Beneficiary Information
Profession: Senior Delivery Manager
Field: Information Technology Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, an information technology services company, sought to employ the beneficiary as a “Senior Delivery Manager” under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to work in an executive or managerial capacity. The initial petition was denied by the Texas Service Center, which concluded that the beneficiary did not meet the necessary criteria for employment in a managerial or executive capacity in the United States or abroad.
Key Issues
The main issues in the initial denial were twofold: the failure to establish that the beneficiary would be employed in the United States in a managerial or executive capacity, and the failure to prove that the beneficiary had been employed in such a capacity abroad before entering the United States.
USCIS Findings
Upon de novo review, the USCIS found that the petitioner had provided sufficient evidence to demonstrate that the beneficiary would indeed be employed in a managerial capacity in the United States. The evidence submitted included detailed duty descriptions both for the beneficiary’s U.S. role and his previous role abroad. The findings highlighted that the beneficiary’s responsibilities involved overseeing subordinate managers and professionals, with significant discretion over day-to-day operations and authority over personnel actions.
Supporting Evidence
Key evidence that contributed to the appeal’s success included detailed job descriptions, organizational charts, and records demonstrating the beneficiary’s authority over personnel decisions. The documentation established that the beneficiary’s role involved qualifying managerial tasks, with subordinates relieving him from performing operational duties.
Additional Notes
The decision emphasized the importance of providing comprehensive and detailed evidence of the beneficiary’s managerial role, both in the U.S. and abroad, to meet the eligibility requirements for the EB-1C classification.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved.
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