sustained EB-1C

sustained EB-1C Case: Automotive Manufacturing

📅 Date unknown 👤 Company 📂 Automotive Manufacturing

Decision Summary

The appeal was sustained because the evidence sufficiently established that the Beneficiary would be employed in a qualifying managerial capacity. The record demonstrated that the Beneficiary would supervise a subordinate manager, had hiring and firing authority, and would be primarily relieved of non-qualifying operational tasks by the department's staff.

Criteria Discussed

Managerial Capacity Executive Capacity Supervision Of Personnel Relief From Performing Non-Qualifying Tasks

View Full Decision Text

MATTER OF P-E- CORP.
APPEAL OF TEXAS SERVICE CENTER DECISION
Non-Precedent Decision of the
Administrative Appeals Office
DATE: SEPT. 24, 2018
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a manufacturer of electrical components for automobiles, seeks to permanently
employ the Beneficiary as a logistics manager 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 Texas Service Center denied the petition, concluding that the record did not
establish, as required, that the Beneficiary would be employed in a managerial or executive capacity.
On appeal, the Petitioner asserts that the Beneficiary qualifies as a personnel manager based on his
supervision of a subordinate manager. Further, the Petitioner asserts that the Beneficiary would be
primarily relieved from performing non-qualifying operation~! duties by the members of the logistics
department he manages.
Upon de novo review, we conclude that the record is sufficient to establish that the Beneficiary
would more likely than not act in a managerial capacity. First, the Petitioner has submitted a
detailed duty description for the Beneficiary indicating that he will be primarily engaged in
qualifying managerial tasks overseeing the company's logistics department consisting of several
employees. In addition, the evidence demonstrates that the Beneficiary will oversee a supervisory
employee supervising five subordinates of his own. The submitted evidence also sufficiently
establishes that the Beneficiary has the authority to hire, fire, and take other personnel actions with
respect to the members of his department, including the subordinate manager he oversees. Further,
the submitted evidence demonstrates that the members of the Beneficiary's department will more
likely than not relieve him from primarily performing non-qualifying operational level tasks. As
such, the evidence demonstrates that the Beneficiary qualifies as a personnel manager. 8 C.F.R.
§ 204.5(i)(2).
The totality of the evidence establishes that the Beneficiary will more likely than not be employed in
a managerial capacity.
Matter of P-E- Corp.
ORDER: The appeal is sustained.
Cite as Matter of P-E- Corp., ID# 1689999 (AAO Sept. 24, 2018)
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