Date of Decision: February 13, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Senior Operations Management
Beneficiary Information
Profession: Senior Operations Manager
Field: Operations Management in Manufacturing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, A-P-, LLC, a bottle manufacturing company, sought to permanently employ the beneficiary as a Senior Operations Manager under the EB-1C classification for multinational executives or managers. This visa classification allows U.S. employers to transfer qualified foreign employees to the United States to work in an executive or managerial capacity. The beneficiary was previously employed abroad and was intended to continue working in the U.S. in a managerial capacity.
Key Issues
The primary issue in the case was whether the beneficiary had been employed abroad and would be employed in the U.S. in a managerial or executive capacity. The Director initially denied the petition, concluding that the job descriptions for both the foreign and U.S. positions lacked the necessary specificity to demonstrate that they met the managerial or executive capacity requirements.
USCIS Findings
The Director’s decision was based on the assessment that the provided job descriptions did not sufficiently detail the beneficiary’s duties to establish a managerial role. On appeal, however, the petitioner successfully demonstrated that the beneficiary’s roles, both abroad and in the U.S., were indeed managerial. The petitioner provided additional evidence that clarified the beneficiary’s high-ranking position within an organization of nearly 1,000 employees and detailed the complex responsibilities that underscored his managerial role.
Supporting Evidence
Key evidence included detailed descriptions of the beneficiary’s roles and responsibilities, both in the foreign and U.S. positions. The petitioner also provided an organizational chart and descriptions of the operational processes at the manufacturing plants, which illustrated the beneficiary’s wide-ranging managerial oversight.
Additional Notes
The petitioner argued that the Director had required more evidence than what the regulations stipulate. The Administrative Appeals Office (AAO) agreed with the petitioner, ultimately determining that the evidence provided met the regulatory requirements.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the beneficiary’s role as a Senior Operations Manager in a managerial capacity.
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