remanded EB-1C Case: Medical Equipment

U.S. Citizenship 
and Immigration 
Services 
In Re: 12844648 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 19, 2021 
Form 1-140, Immigrant Petition for a Multinational Executive or Manager 
The Petitioner, a medical equipment distributor, seeks to permanently employ the Beneficiary as a 
general manager I under the preference immigrant classification for multinational executives or managers. 
See Immigration and Nationality Act (the Act) section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). This 
employment-based "EB-I" immigrant 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 Texas Service Center denied the petition on multiple grounds. The Director noted 
that the record contained conflicting or incomplete information regarding the identity of the Petitioner 
and the offered wage to the Beneficiary, and concluded that USCIS was unable to determine the 
Petitioner's ability to pay the offered wage to the Beneficiary. The Director also noted that the record 
contained conflicting information about the job title of the proffered position, which created doubt 
about the actual position being offered to the Beneficiary. Based on the evidence ofrecord the Director 
determined that the Petitioner failed to establish that the Beneficiary's U.S. position qualifies as 
employment in a managerial or executive capacity, and also failed to establish that the Beneficiary 
had been employed abroad in a managerial or executive capacity for at least one year during the three 
years preceding his transfer to the United States. 
On appeal the Petitioner, now represented by different counsel, submits a brief and additional 
documentation. Based on these new materials and the evidence previously in the record, we will 
withdraw the Director's decision. We will remand the case for further consideration and the issuance 
of a new decision. 
1. LAW 
Section 203(b )(1 )(C) of the Act makes an immigrant visa available to a beneficiary who, in the three 
years preceding the filing of the petition, has been employed outside the United States for at least one 
year in a managerial or executive capacity, and seeks to enter the United States in order to continue to 
render managerial or executive services to the same employer or to its subsidiary or affiliate. 
1 The Form I-140 identifies the job title as president, but a letter from the Petitioner's chief executive officer accompanying 
the petition and other documents subsequently submitted indicate that the intended job title is general manager. 
As defined in section 10l(a)(44)(A) of the Act, "managerial capacity" means an assignment within an 
organization in which the employee primarily manages the organization, or a department, subdivision, 
function, or component of the organization; supervises and controls the work of other supervisory, 
professional, or managerial employees, or manages an essential function within the organization, or a 
department or subdivision of the organization; has authority over personnel actions or functions at a 
senior level within the organizational hierarchy or with respect to the function managed; and exercises 
discretion over the day-to-day operations of the activity or function for which the employee has 
authority. 2 
II. ANALYSIS 
The Petitioner, incorporated in 2005 is a wholl owned s11ridiarv a-d I a developer and 
manufacturer of surgical devices and located in !Germany. The record indicates 
that the Beneficiary began working for . _in 2009 and advanced to the position of 
Integration and Operations Manager by 2015. In ·2016 the Beneficiary was transferred to the United 
States to work for the Petitioner (with the same job title) as an intracompany transferee in L-1 
nonimmigrant status. The instant petition was filed by the Petitioner in July 2019, seeking immigrant 
classification for the Beneficiary as a multinational executive or manager. 
On appeal we determine that the Petitioner has resolved the conflicting or incomplete information 
discussed in the Director's decision about the identity of the Petitioner, the job title of the proffered 
position, and the offered wage. We also determine that the evidence of record establishes the 
Petitioner's ability to pay the offered wage. Furthermore, we determine that the Petitioner has 
established that the Beneficiary was employed in a managerial capacity b~ I in Germany 
before coming to the United States to start working for the Petitioner in 2016, and that he will continue 
to be employed in a managerial capacity by the Petitioner in the position of general manager. 
Specifically, as asserted on appeal the Petitioner has shown that the Beneficiary was employed by 
I I as a function manager and will be employed by the Petitioner as a personnel manager, 
as defined in section 10l(a)(44)(A)(i)-(iv) of the Act. 
The appeal cannot be sustained on the current record, however, because it is unclear whether the 
Beneficiary was employed in a managerial capacity for at least one full year byl I in 
Germany before coming to the United States, as required in section 203(b )(1 )(C) of the Act. 
According to the CFO/COO ofl lin a letter dated May 15, 2020, that was submitted with 
the appeal, the Beneficiary was employed in a "managerial capacity" when he served in the function 
manager position oflntegration and Operations Manager from January 15, 2015, to July 31, 2016 - a 
period of 18 ½ months. This time frame was affirmed in a letter from the Human Resources Manager 
ofl I dated May 17, 2020, who stated that the Beneficiary's job as Integration and 
Operations Manager began in January 2015 and continued until he transferred to the United States in 
August 2016. Thus, the letters from the CFO/COO and the HR Manager ofl lin 2020 
assert that the Beneficiary was employed in the Integration and Operations Manager position for 
approximately a year and a half before transferring to the United States, a time period that exceeds the 
statutory minimum in section 203(b)(l)(C) of the Act for managerial capacity abroad. 
2 "Executive capacity" is defined in section 10l(a)(44)(B) of the Act, but the Petitioner does not assert that employment 
capacity for the Beneficiary in this proceeding. 
2 
However, the Petitioner has also submitted a copy of a German-language letter to the Beneficiary, 
dated August 25, 2015, and co-signed by the two top officials of1 LI I 
(CEO/President) andl I (CFO/COO), stating that they were happy to be able to appoint 
him to the position of Integration and Operations Manager effective August 20, 2015. If the 
Beneficiary did not commence his "managerial capacity" employment in Germany until August 20, 
2015, he may not have amassed the one foll year required by section 203(b)(l)(C) of the Act before 
transferring to the United States because the record does not show exactly when that occurred. The 
letter froml . ~s CFO/COO dated May 15, 2020, states that the Beneficiary's employment 
as Integration and Operations Manager ended on July 31, 2015, and the Beneficiary's last pay 
statement from I I as far as the record shows, was dated July 22, 2015. The record 
includes a U.S. Customs and Border Protection (CBP) printout of the Beneficiary's travel history 
listing numerous trips to the United States between July 2015 and June 2016, which could also impact 
the Beneficiary's claim to have amassed at least one year of "managerial capacity" employment in 
Germany. 
Since the record is unclear as to whether the Beneficiary's employment abroad in a "managerial 
capacity" lasted for the requisite one year before his transfer to the United States, we will remand this 
matter to the Director for forth er consideration of this issue. At his discretion that Director may request 
additional evidence from the Petitioner before issuing a new decision. 
ORDER: The Director's decision is withdrawn. The matter is remanded for the entry of a new 
decision consistent with the foregoing analysis. 
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