sustained EB-1C

sustained EB-1C Case: Bakery

📅 Date unknown 👤 Company 📂 Bakery

Decision Summary

The appeal was sustained because the petitioner provided sufficient evidence on appeal to overcome the grounds for denial. The AAO found that the petitioner established by a preponderance of the evidence that the beneficiary's employment abroad for one year and the proposed employment in the U.S. were both in a qualifying managerial or executive capacity.

Criteria Discussed

Qualifying Employment Abroad Qualifying Employment In The U.S.

View Full Decision Text

U.S. Citizenship
and Immigration
Services
MATTER OF P-B-B-D-, INC.
Non-Precedent Decision of the
Administrative Appeals Office
DATE: JAN. 8, 2016
APPEAL OF NEBRASKA SERVICE CENTER DECISION
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a wholesale and retail bakery, seeks to employ the Beneficiary as its Senior
Production Director under the multinational executive or manager immigrant classification. See
Immigration and Nationality Act (the Act) § 203(b)(l)(C) & 8 U.S.C. § 1153(b)(l)(C). The
Director, Nebraska Service Center, denied the petition. The matter is now before us on appeal. The
appeal will be sustained.
The Director concluded that the evidence of record did not establish: (1) that the Beneficiary was
employed by the Petitioner's foreign parent company in a qualifying managerial or executive
capacity for one year prior to his transfer to the United States; and (2) that the Beneficiary would be
employed by the Petitioner in a qualifying managerial or executive capacity. On appeal, the
Petitioner submits a brief disputing the denial and addressing the Director's adverse findings.
We conduct appellate review on a de novo basis. See Soltane v. DOJ, 381 F.3d 143, 145 (3d Cir.
2004). Upon reviewing the entire record of proceedings as supplemented by the Petitioner's
submission on appeal, we conclude that the record now contains sufficient evidence to overcome the
grounds for denial.
The totality of the evidence now establishes that the petitioner has satisfied the legal criteria
regarding the Beneficiary's qualifying employment with his former employer abroad and with the
petitioning U.S. entity. Specifically, the Petitioner has established by a preponderance of the
evidence that the Beneficiary was employed and will be employed in the United States in a
qualifying managerial capacity as defined at section 101(a)(44)(A) ofthe Act.
In visa petition proceedings, it is the Petitioner's burden to establish eligibility for the immigration
benefit sought. Section 291 ofthe Act, 8 U.S.C. § 1361; Matter ofOtiende, 26 I&N Dec. 127, 128
(BIA 2013). The Petitioner in the instant case has met that burden.
ORDER: The appeal is sustained.
Cite as Matter of P-B-B-D-, Inc., ID# 15121 (AAO Jan. 8, 2016)

Using this case in a petition? Let MeritDraft draft the argument →

Use this winning precedent in your petition

MeritDraft analyzes sustained AAO decisions like this one to generate petition arguments that mirror what actually gets approved.

Build Your Winning Petition →

No credit card required. Generate your first petition draft in minutes.