remanded EB-1C Case: Commercial Banking

U.S. Citizenship 
and Immigration 
Services 
In Re: 11283868 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEPT . 29, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, a company providing commercial banking services, seeks to permanently employ the 
Beneficiary as a portfolio leader and vice president under the first preference immigrant classification 
for multinational executives or managers . Immigration and Nationality Act (the Act) 
section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). 
The Director of the Nebraska Service Center denied the petition, concluding the record did not 
establish, as required, that the Beneficiary would be employed in the United States in a managerial or 
executive capacity or that she was employed in a managerial or executive capacity in her former 
position abroad. 
On appeal, the Petitioner asserts that the Beneficiary would be employed in the United States as a 
personnel manager overseeing subordinate supervisors and professionals and contends that she acted 
in this same qualifying capacity in her former position abroad. In addition, the Petitioner submits 
additional documentary evidence on appeal meant to demonstrate that the Beneficiary would act as a 
personnel manager in the United States and that she formerly acted in this capacity abroad . 
Upon de nova review, the Petitioner has submitted new evidence on appeal material to the 
Beneficiary's eligibility. As our review is limited to the evidence on the record at the time of the 
Director's adjudication, the Director is the more appropriate party to consider this new evidence and 
its impact on the Beneficiary 's eligibility . Therefore, we will withdraw the Director's decision and 
remand this matter for consideration of the new evidence and the entry of a new decision. See Matter 
of Soriano, 19 I&N Dec. 764 (BIA 1988); Matter ofObaigbena, 19 I&N Dec. 533 (BIA 1988). 
ORDER: The decision of the Director is withdrawn. The matter is remanded for entry of a new 
decision consistent with the foregoing analysis.