sustained EB-1C Case: Automotive Finance

.
U.S. Citizenship 
and Immigration 
Services 
MATTER OF K-P- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 10, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner , 1 a manufacturer and supplier of automotive components , seeks to permanently 
employ the Beneficiary as its vice president of finance2 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). 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 it would employ the Beneficiary in a managerial or executive capacity. The 
Director denied the petition because the Petitioner 's response to a request for evidence described the 
Beneficiary's new position as chief financial officer (CFO) rather than providing additional details 
regarding the vice president of finance position offered to him at the time of filing. On appeal, the 
Petitioner submits additional evidence and asserts that both positions are in an executive capacity. 
Upon de nova review of the record, we find that the Petitioner has established the Beneficiary will be 
employed in the United States in an executive capacity as defined at section 101(a)(44)(B) of the 
Act, 8 U.S.C. § 1101(a)(44)(B). 
The Petitioner described both the vice president and the CFO positions in sufficient detail to 
demonstrate that the Beneficiary would be primarily responsible for: setting financial goals, policies 
and objectives for company operations in his assigned geographic region; directing the management 
of corporate financial matters; exercising discretion over high-level financial activities, and reporting 
to senior executives at the global headquarters level. With respect to both positions, the Petitioner 
identified a sizeable team of subordinate financial managers and professionals who would work 
under the Beneficiary's direction and relieve him from performing operational and administrative 
1 While the petition was pendin g, a new majority owner acquired the Petitioner and its subsidiaries. Subsequent to this 
acquisition, the Petitioner changed its name from to The Petitioner provided 
evidence that it maintained its parent-subsidiary relationship with the Beneficiary's former employer located in Portugal. 
2 The Beneficiary's proposed position at the time of filing was "Vice President of Finance - North America." As a result 
of the aforementioned acquisition and internal restructuring , the Beneficiary's position changed to "Chief Financial 
Officer (CFO) - Americas Business Unit" while the petition was pending. 
Matter of K-P- LLC 
tasks associated with the day-to-day financial operations of the Petitioner and its subsidiaries, which 
reported over $400 million in revenues at the time of filing. 
Accordingly, the Petitioner established that the Beneficiary will be employed in the United States in 
an executive capacity. 
ORDER: The appeal is sustained. 
Cite as Matter K-P-LLC, ID# 1734638 (AAO Oct. 10, 2018) 
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