sustained EB-1C Case: Airline

PUBLlCCOPY 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administmtivc Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
DATE: JUN 14 2012 OFFICE: NEBRASKA SERVICE CENTER FILE:_ 
INRE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant 
to Section 203(b)(1 )(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b )(1 )(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
documents related to this matter have been returned to the office that originally decided your case. Please 
be advised that any further inquiry that you might have concerning your case must be made to that office. 
Thank you, 
PerryRhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
~I • .... • 
DISCUSSION: The Director, Nebraska Service Center, denied the immigrant visa petition. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be 
sustained. 
The petitioner is an airline, and it seeks to employ the beneficiary as general manager. 
Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based 
immigrant pursuant to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 
8 U.S.c. § 1153(b)(I)(C), as a multinational executive or manager. 
The director denied the petition on the following grounds: (i) the petitioner failed to establish 
that the beneficiary's employment abroad was within a qualifying managerial or executive 
capacity; and, (2) the petitioner failed to establish that the beneficiary will be employed in the 
U.S. in a qualifying managerial or executive capacity. 
Upon review of the record, the AAO withdraws the director's decision and sustains the appeal. The 
Form 1-129 indicates that the beneficiary will be employed in the position of General Manager, 
"who is the most senior-level executive in the Seattle Office," and who will supervise 40 full-time 
employees. The petitioner provided ajob description and an organizational chart of the petitioner. 
In addition, the petitioner provided a description ofthe job duties performed by the beneficiary with 
the foreign company, and provided an organizational chart indicating the subordinates supervised 
by the beneficiary. The petitioner has adequately demonstrated that the beneficiary has been and 
will be employed in a primarily managerial capacity. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains 
entirely with the petitioner. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, that burden has been 
met. Accordingly, the appeal will be sustained. 
ORDER: The appeal is sustained.