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 Development and Technology Services
Beneficiary Information
Profession: Senior Delivery Manager
Field: Software Development and Technology Services
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a company specializing in sophisticated software development and technology services, sought to employ the beneficiary as a Senior Delivery Manager under the EB-1C classification for multinational executives or managers. The beneficiary had previously worked in two distinct roles abroad with the foreign employer: as an “Architect/GTM Partner” and later as a Senior Delivery Manager. The EB-1C classification allows a U.S. employer to permanently transfer a qualified foreign employee to work in an executive or managerial capacity.
Key Issues
The primary issue in this case was whether the beneficiary was employed in a managerial or executive capacity in his previous positions abroad. The Nebraska Service Center initially denied the petition on the grounds that the record did not sufficiently establish that the beneficiary’s roles met the managerial or executive criteria required for the EB-1C classification.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) found that the petitioner had adequately demonstrated the beneficiary’s managerial capacity in both his former positions abroad. The beneficiary’s role as an “Architect/GTM Partner” involved significant managerial duties, including overseeing an essential function of the foreign employer and formulating key strategies. In his subsequent position as a Senior Delivery Manager, the beneficiary managed over 50 professionals, including several subordinate supervisors, and had the authority to make significant personnel decisions.
The AAO concluded that the totality of the evidence supported the beneficiary’s qualification as a function manager in his initial role and as a personnel manager in his later position, thereby meeting the requirements for the EB-1C classification.
Supporting Evidence
Key evidence considered in this case included detailed duty descriptions, expanded on appeal to specify the percentages of time devoted to qualifying tasks, and documentation of the beneficiary’s significant discretionary authority in both roles. The evidence also demonstrated that the beneficiary was relieved of operational tasks by subordinate teams, further solidifying his managerial capacity.
Additional Notes
The AAO’s decision highlights the importance of providing comprehensive and detailed evidence to demonstrate the managerial or executive nature of a beneficiary’s previous roles. This case serves as a reminder for petitioners to meticulously document the managerial aspects of a beneficiary’s duties, especially when the roles involve complex functions or large teams.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the beneficiary’s qualifications under the EB-1C classification for multinational managers or executives.
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