sustained
EB-1C
sustained EB-1C Case: Building Materials Export
Decision Summary
The appeal was sustained because the AAO found the petitioner submitted sufficient evidence to overcome the director's grounds for denial. The petitioner provided a detailed job description and organizational chart to establish the beneficiary's qualifying managerial role abroad, documents like tax returns and invoices to prove it had been doing business for at least one year, and financial documents to demonstrate its ability to pay the proffered wage.
Criteria Discussed
Managerial/Executive Capacity (Abroad) Doing Business In The U.S. For One Year Ability To Pay Proffered Wage
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identifyingdatadeletedto preventclearlyunwarranted invasionofpersonalprivacy PUBLICCOPY U.S.Departmentof HomelandSecurity U. S.CitizenshipandhnmigrationServices AdministrativeAppealsOffice(AAO) 20 MassachusettsAve., N.W., MS 2090 Washington,DC 20529-2090 U.S.Citizenship and Immigration Services DATE: OFFICE:TEXASSERVICECENTER IN RE: Petitioner: Beneficiary: PETITION: ImmigrantPetitionfor Alien Workerasa MultinationalExecutiveor ManagerPursuant to Section203(b)(1)(C)of theImmigrationandNationalityAct, 8U.S.C.§ 1153(b)(1)(C) ONBEHALFOFPETITIONER: INSTRUCTIONS: Enclosedpleasefind the decisionof the AdministrativeAppealsOffice in your case. All of the documentsrelatedto thismatterhavebeenreturnedto theofficethatoriginallydecidedyourcase.Please beadvisedthatanyfurtherinquirythatyoumighthaveconcerningyourcasemustbemadetothatoffice. Thankyou, PerryRhew Chief,AdministrativeAppealsOffice www.uscis.gov Page2 DISCUSSION: The Director, TexasServiceCenter,deniedthe petition for a nonimmigrant visa. ThematterisnowbeforetheAdministrativeAppealsOffice(AAO) on appeal.Theappeal will besustained. Thepetitionerisengagedin the "exportof buildingmaterialsandagent,"andit seeksto employ the beneficiary The petitioner endeavorsto classify the beneficiaryas an employment-basedimmigrant pursuant to section 203(b)(1)(C) of the Immigration and NationalityAct (theAct), 8U.S.C.§ 1153(b)(1)(C),asamultinationalexecutiveor manager. The directordeniedthe petitionon the following grounds:(1) the petitionerfailedto establish that the beneficiary'semploymentabroadwas within a qualifying managerialor executive capacity,(2) the petitionerfailed to establishthatthe petitionerhasbeendoing businessin the UnitedStatesfor at leastoneyear,and(3) thepetitionerfailedto establishtheability to paythe beneficiary'sprofferedwage. Uponreviewof therecord,theAAO withdrawsthedirector'sdecisionandsustainstheappeal.The petitionerprovidedadetailedjob descriptionof thejob dutiesperformedbythebeneficiarywith the foreigncompany,andprovidedanorganizationalchartindicatingthe subordinatessupervisedby thebeneficiary.Thepetitioneralsoprovidedtax documents,invoices,leaseagreementandbank statementsevidencingthat the petitionerhasbeendoing businessfor over a year. Finally,the petitionerprovidedtaxdocumentsto establishthatit canpaythebeneficiary'sprofferedwage. In visa petition proceedings,the burdenof proving eligibility for the benefit soughtremains entirelywith thepetitioner.Section291of theAct, 8 U.S.C.§ 1361.Here,thatburdenhasbeen met. Accordingly,theappealwill besustained. ORDER: Theappealis sustained.
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