remanded EB-1C Case: Advertising And Communications

U.S. Citizenship 
and Immigration 
Services 
In Re: 16965695 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: APR. 30, 2021 
Form I-140, Petition for Multinational Managers or Executives 
The Petitioner , a multinational advertising and communications firm, seeks to permanently employ 
the Beneficiary as its "Global Planning Director" under the first preference immigrant classification 
for multinational executives or managers. See Immigration and Nationality Act (the Act) 
section203(b)(l)(C), 8U.S.C. § 1153(b)(l)(C). This classification allows a U.S. employer to 
permanently transfer a qualified foreign employee to the United States to work in an executive or 
managerial capacity. 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that: (1) the Beneficiary's proposed employment would be in a managerial or 
executive capacity ; (2) the Beneficiary's employment abroad was in a managerial or executive 
capacity; and (3) the foreign entity continues to do business abroad. 
On appeal, the Petitioner argues that the Director's decision is erroneous , asserting that the Director 
incorrectly focused on the statutory definition of managerial capacity, even though the Petitioner has 
consistently claimed that the Beneficiary's proposed position would be in an executive capacity. The 
Petitioner further contends that the Director failed to consider the organization's reasonable needs or 
the multinational operation, which involved subordinates outside of the Beneficiary's immediate 
location . Lastly, the Petitioner asserts that because the foreign employer is specifically named as a 
qualifying entity under the Petitioner's approved blanket L petition, the Petitioner has demonstrated 
that the foreign employer continues to do business . 
Upon de nova review, we will remand the matter for further proceedings because the Directorreached 
an incorrect conclusion on the issue of whether the foreign entity continues to do business and because 
the Director offered a deficient analysis of the relevant facts and legal standards regarding the two 
remaining issues concerning the Beneficiary's U.S. and foreign employment. Namely , the Director 
incorrectly applied elements of the definition of managerial capacity when discussing the 
Beneficiary's proposed U.S. employment, which the Petitioner has consistently claimed would be in 
an executive capacity. Further, in discussing the Beneficiary's employment abroad, the Director 
focused on the number of subordinates the Beneficiary supervised a this primary location and excluded 
from consideration other relevant factors, such as the Beneficiary's job duty breakdown, the 
reasonable needs of the organization, and the Beneficiary's role within the organization as a whole. 
In light of the deficiencies described above, we hereby withdraw the Director's decision and remand 
the matter for further consideration of the Petitioner's claim that the Beneficiary will be employed in 
the United States in an executive capacity and was employed abroad in a managerial capacity. 
ORDER: The decision of the Director is withdrawn. The matter is remanded for further 
proceedings consistent with the foregoing opinion and for the entry of a new decision. 
2