Date of Decision: July 3, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Global Merchandising
Beneficiary Information
Profession: Vice President, Global Merchandising
Field: Global Merchandising
Nationality: Japanese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, an international apparel retailer, filed a petition to permanently employ the beneficiary as its Vice President of Global Merchandising under the EB-1C classification for multinational executives or managers. The beneficiary was previously employed by the petitioner’s Japanese affiliate from 2006 to 2012 in a managerial capacity before entering the United States in 2012 to work for the petitioner as a nonimmigrant. The petitioner sought to classify the beneficiary as a multinational executive or manager under the Immigration and Nationality Act (the Act) section 203(b)(1)(C).
Key Issues
The key issue in this case was whether the petitioner successfully demonstrated that the beneficiary was employed abroad in a managerial or executive capacity as required for the EB-1C classification. The initial denial by the Nebraska Service Center was based on the conclusion that the petitioner failed to establish this required employment condition.
USCIS Findings
The USCIS, in its initial decision, denied the petition because the petitioner did not sufficiently prove that the beneficiary’s role in Japan met the criteria for managerial or executive capacity as defined by U.S. immigration law. The Director questioned whether the beneficiary’s duties abroad primarily involved managing a function or whether they were more related to non-managerial tasks.
Supporting Evidence
On appeal, the petitioner provided additional documentation to bolster their claim, including detailed descriptions of the beneficiary’s responsibilities as a Women’s Merchandising Manager for the Japanese affiliate. The new evidence clarified that the beneficiary was responsible for overseeing a significant aspect of the company’s operations in Japan, managing a department that generated $130 million in sales and supervising staff to ensure that non-managerial tasks were delegated appropriately.
Additional Notes
The appeal was sustained after a de novo review, which indicated that the beneficiary’s role was indeed managerial, involving high-level discretionary decision-making that aligned with the statutory requirements for the EB-1C classification. This case underscores the importance of thorough documentation and clear articulation of managerial responsibilities in petitions for multinational executives and managers.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the beneficiary to be classified under the EB-1C category as a multinational executive or manager.
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