Date of Decision: JAN. 8, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Senior Production Management
Beneficiary Information
Profession: Senior Production Director
Field: Production Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a wholesale and retail bakery company, filed a Form I-140, seeking to employ the beneficiary as a Senior Production Director under the EB-1C multinational executive or manager classification. The beneficiary was previously employed by the petitioner’s foreign parent company in the United Kingdom and was transferred to the United States to continue his role in a managerial capacity.
Key Issues
The primary issues identified by the Nebraska Service Center included whether the beneficiary had been employed in a qualifying managerial or executive capacity for at least one year by the petitioner’s foreign parent company before his transfer to the United States and whether he would continue to be employed in a qualifying managerial capacity by the U.S. entity.
USCIS Findings
The initial decision by the Nebraska Service Center concluded that the petitioner failed to establish the beneficiary’s qualifying employment abroad and in the U.S. However, upon review, the Administrative Appeals Office (AAO) determined that the totality of the evidence submitted by the petitioner on appeal adequately addressed the concerns raised by the Service Center. The AAO found that the petitioner demonstrated, by a preponderance of the evidence, that the beneficiary was and would be employed in a qualifying managerial capacity, consistent with section 101(a)(44)(A) of the Immigration and Nationality Act.
Supporting Evidence
Key evidence considered in the appeal included detailed descriptions of the beneficiary’s job duties, both abroad and in the U.S., organizational charts illustrating the beneficiary’s managerial role, and affidavits from the petitioner’s executives confirming the beneficiary’s responsibilities and authority within the company.
Additional Notes
The decision emphasizes the importance of providing comprehensive evidence to establish both the foreign and domestic qualifying employment of beneficiaries under the EB-1C classification. Future petitioners should ensure that they clearly document the managerial or executive nature of the beneficiary’s role.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the beneficiary’s eligibility under the EB-1C classification for multinational managers or executives.
