sustained
EB-1C
sustained EB-1C Case: Banking
Decision Summary
The appeal was sustained because the AAO found that the Petitioner successfully established the beneficiary would be employed in a managerial capacity as a function manager. The decision concluded that the beneficiary would manage a core financial reporting function, operate at a senior level, delegate non-managerial duties to subordinate professionals, and exercise discretion over the function's day-to-day operations.
Criteria Discussed
Managerial Or Executive Capacity Function Manager
Sign up free to download the original PDF
Downloaded the case? Use it in your next draft →View Full Decision Text
U.S. Citizenship and Immigration Services MATTER OF H-B-USA, N.A. Non-Precedent Decision of the Administrative Appeals Office DATE: MAY24,2018 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, an international banking company, seeks to permanently employ the Beneficiary as its "VP Economics Capital & Wholesale Credit Analytics I" under the first preference immigrant classitication for multinational executives or managers. See Immigration and Nationality Act (the Act) section203(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. On appeal, the Petitioner cites Maller of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 20 I 7), in support of its assertion that the Beneficiary will be employed as a function manager. The Petitioner contends that the Director erroneously disregarded the Beneficiary's subordinate staff because they are not payroll employees of the company. Upon de novo review of the record, we agree with the Petitioner's assertions and will sustain the appeal. The Petitioner has established by a preponderance of the evidence that the Beneficiary will primarily perform managerial duties as defined at section 10l(a)(44)(A) of the Act, 8 U.S.C. § 110l(a)(44)(A). Further, the Petitioner has demonstrated that he will manage a core and clearly detined financial reporting function within the company's Global Risk Analytics division, operate at a senior level with respect to this function, delegate most of the function's non-managerial duties to subordinate professionals, and exercise discretion over the function's day-to-day operations. Accordingly, the Petitioner established· that the Beneficiary will be employed in a managerial capacity. ORDER: The appeal is sustained. Cite as Maller H-E-USA, N.A. ID# 1278787 (AAO May 24, 2018)
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.