Date of Decision: JAN. 5, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Finance and Insurance
Beneficiary Information
Profession: Treasury Manager
Field: Finance and Insurance
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a finance and insurance company, filed a petition to employ the beneficiary as a Treasury Manager under the EB-1C multinational executive or manager classification. The initial petition was denied by the Nebraska Service Center, which led to a subsequent appeal that was summarily dismissed due to the lack of supporting brief or evidence. The petitioner then filed a motion to reopen and reconsider, which ultimately resulted in the appeal being sustained after further evidence was reviewed.
Key Issues
The main issue in this case was the determination of whether the beneficiary had been employed abroad and would be employed in the United States in a qualifying managerial or executive capacity. The Director initially denied the petition on the grounds that the petitioner failed to establish this crucial requirement.
USCIS Findings
The USCIS found that the initial denial was based on the lack of sufficient evidence to prove that the beneficiary held or would hold a qualifying managerial or executive position. However, upon reviewing the additional evidence submitted with the motion to reopen, the USCIS concluded that the petitioner had indeed provided sufficient proof, as defined under section 101(a)(44)(A) of the Immigration and Nationality Act.
Supporting Evidence
The petitioner submitted employment agreements, organizational charts, and other relevant documentation that established the beneficiary’s role and responsibilities both abroad and in the U.S. This evidence was pivotal in reversing the initial decision.
Additional Notes
The case highlights the importance of submitting comprehensive supporting documentation during the appeal process. The decision also underscores the need for petitioners to clearly establish the qualifying managerial or executive capacity of the beneficiary to meet the EB-1C criteria.
Conclusion
Final Determination: The motion to reopen and reconsider was granted, and the appeal was sustained, leading to the approval of the petition.
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