sustained EB-1C Case: Agriculture

U.S. Citizenship 
and Immigration 
Services 
MATTER OF H-1-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JULY 18, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a hay and alfalfa farming company, seeks to permanently employ the Beneficiary as 
its chief financial officer 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 )(1 )(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 record did not 
establish, as required, that the Beneficiary would be employed in the United States in a managerial or 
executive capacity. 
On appeal, the Petitioner asserts that the Beneficiary qualifies as a function manager. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary will 
more likely than not act in a managerial capacity in the United States as a function manager. First, we 
conclude that the Petitioner has submitted a detailed description of the Beneficiary's U.S. duties 
indicating that she will be primarily engaged in qualifying managerial tasks overseeing an essential 
function; namely the finances of the Petitioner and four U.S. subsidiaries generating approximately 
$58 million in revenue annually. In addition, the Petitioner provided sufficient documentation 
demonstrating that the Beneficiary will hold foll authority over her function and more likely than not 
delegate most non-qualifying operational tasks to subordinate financial managers who will oversee 
the daily accounting, accounts receivable, and logistics issues at each of the Petitioner's four 
subsidiaries. The Petitioner also submitted credible documentation to corroborate the Beneficiary's 
role as the Petitioner's chief financial officer, such as certified financials, support letters, and other 
relevant corporate documentation. As such, the evidence sufficiently demonstrates that the 
Beneficiary will primarily perform the duties of a function manager in the United States. 
The totality of the evidence establishes that the Beneficiary will more likely than not be employed in 
a managerial capacity in the United States. In visa petition proceedings, it is the petitioner's burden 
to establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. 
§ 1361. The Petitioner has met that burden. 
Matter of H-I- Inc. 
ORDER: The appeal is sustained. 
Cite as Matter of H-I-, Inc., ID# 4377872 (AAO July 18, 2019) 
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