Date of Decision: May 26, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Healthcare and Beauty Products Distribution
Beneficiary Information
Profession: VP Operations
Field: Sales and Marketing Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The Petitioner, a distributor of healthcare and beauty products, sought to permanently employ the Beneficiary as its Vice President of Operations in the United States under the EB-1C category for multinational executives or managers. The petition was initially denied by the Director of the Texas Service Center on the grounds that the Beneficiary did not meet the requirements for being employed in a managerial or executive capacity, both in his former position abroad and in the proposed role in the U.S.
Key Issues
The primary issue in this case was whether the Beneficiary could be classified as a function manager, both in his past role as “USA Country Manager” and his prospective role as VP Operations. The Director initially found that the evidence provided was insufficient to establish that the Beneficiary would be employed in a managerial or executive capacity in the U.S., or that he had been employed in such a capacity abroad.
USCIS Findings
Upon appeal, the Petitioner submitted more detailed job descriptions and additional documentation to support their claim. This included evidence of the Beneficiary’s oversight of sales and marketing operations, delegation of non-qualifying tasks, and discretionary authority over a defined function of the company. The Administrative Appeals Office (AAO) reviewed the case de novo and concluded that the Beneficiary was indeed acting, and would act, as a function manager, meeting the qualifications required under section 101(a)(44)(A)(ii) of the Immigration and Nationality Act.
Supporting Evidence
Key evidence included detailed job descriptions for both the U.S. and abroad positions, organizational charts, and documentation showing the Beneficiary’s supervisory responsibilities and discretionary authority over the sales and marketing function. The evidence indicated that the Beneficiary primarily engaged in qualifying managerial tasks and delegated operational tasks to subordinates, which satisfied the requirements for classification as a function manager.
Additional Notes
The AAO’s decision highlights the importance of providing comprehensive and credible documentation when establishing a beneficiary’s managerial or executive capacity. The Petitioner successfully demonstrated that the Beneficiary had consistently performed qualifying managerial duties in both his former and prospective roles.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, recognizing the Beneficiary’s role as a function manager.
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