Date of Decision: February 16, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Commercial Real Estate Management
Beneficiary Information
Profession: Vice President of Finance
Field: Commercial Real Estate Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a commercial real estate management firm, sought to permanently employ the beneficiary as its vice president of finance under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center initially denied the petition, finding that the petitioner failed to establish a qualifying relationship between the petitioner and the beneficiary’s foreign employer. The petitioner appealed this decision, and the Administrative Appeals Office (AAO) withdrew the Director’s finding and remanded the petition for a new decision.
Upon reconsideration, the Director again denied the petition, concluding that the petitioner did not establish that the beneficiary’s employment with the petitioner from 2007 to 2012 was in a qualifying managerial or executive capacity. The petitioner appealed this decision as well.
Upon de novo review, the AAO sustained the appeal, concluding that the record now contained sufficient evidence to overcome the Director’s adverse findings. The AAO determined that the petitioner successfully demonstrated that the beneficiary’s role was indeed managerial or executive in nature, leading to the approval of the petition.
Key Issues
The primary issue was whether the petitioner could demonstrate that the beneficiary’s employment with the petitioner from 2007 to 2012 was in a qualifying managerial or executive capacity. The AAO determined that the petitioner provided sufficient evidence to establish the beneficiary’s role as qualifying under the EB-1C classification.
USCIS Findings
The AAO found that the petitioner provided an adequate organizational chart and supporting documentation to establish that the beneficiary’s role involved managing essential financial functions within the organization. The AAO concluded that the beneficiary’s duties were primarily managerial, leading to the approval of the petition.
Supporting Evidence
The petitioner submitted an organizational chart and a letter from a company official, which were found to be sufficient to demonstrate the beneficiary’s managerial capacity.
Additional Notes
The AAO emphasized the importance of clear and detailed evidence to support the classification of a role as managerial or executive under the EB-1C classification.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully demonstrated that the beneficiary met the requirements for the EB-1C classification.
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