Date of Decision: August 29, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Clinical Product Development Services
Beneficiary Information
Profession: Senior Project Manager
Field: Clinical Product Development Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a provider of clinical product development services, sought to permanently employ the beneficiary as its senior project 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 a qualifying relationship with the beneficiary’s foreign employer or that the beneficiary was employed abroad and would be employed in the U.S. in a managerial capacity.
On appeal, the petitioner submitted a detailed brief addressing all grounds for denial and provided additional evidence to clarify the relationship between the U.S. and foreign entities, as well as the beneficiary’s managerial role. After a de novo review, the Administrative Appeals Office (AAO) found that the petitioner provided sufficient evidence to overcome the denial, leading to the appeal being sustained.
Key Issues
The primary issues were whether the petitioner could demonstrate a qualifying relationship with the beneficiary’s foreign employer and whether the beneficiary’s role both abroad and in the U.S. was primarily managerial. The AAO found that the petitioner resolved discrepancies in the organizational charts and clarified the beneficiary’s role, satisfying the requirements for the EB-1C classification.
USCIS Findings
The AAO determined that the petitioner successfully established a qualifying relationship between the U.S. and foreign entities and demonstrated that the beneficiary’s duties were primarily managerial in both the foreign and U.S. positions.
Supporting Evidence
The petitioner submitted detailed organizational charts, job descriptions, and additional documentation, which were found to be sufficient to establish the necessary qualifying relationship and managerial role.
Additional Notes
The AAO emphasized the importance of resolving any discrepancies in documentation and providing clear evidence to establish the beneficiary’s managerial capacity.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated a qualifying relationship and that the beneficiary would be employed in a managerial capacity as required for the EB-1C classification.
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