sustained EB-1C

sustained EB-1C Case: Business Consulting

📅 Date unknown 👤 Company 📂 Business Consulting

Decision Summary

The appeal was sustained because the petitioner successfully established that the beneficiary's proposed role in the U.S. and his prior role abroad were both primarily managerial. The evidence demonstrated that in both positions, the beneficiary performs managerial duties, has hiring and firing authority, supervises other professionals, and exercises discretion over daily operations.

Criteria Discussed

Employment In A Managerial Or Executive Capacity In The United States Employment Abroad For At Least One Year In A Managerial Or Executive Capacity

View Full Decision Text

MATTER OF O-S- , INC .
Non-Precedent Decision of the
Administrative Appeals Office
DATE : AUG. 26, 2019
APPEAL OF NEBRASKA SERVICE CENTER DECISION
PETITION: FORM I-140 , IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner , a consulting business , seeks to permanently employ the Beneficiary as its Chief
Operating Officer (COO) 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 )(1 )(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 record did not
establish , as required , that the Beneficiary will be employed in a managerial or executive capacity in
the United States. The Director also found that the Petitioner did not establish that the Beneficiary
has been employed abroad for at least one year in a managerial or executive capacity . On appeal, the
Petitioner submits additional evidence and asserts that the Beneficiary will be employed in a
managerial or executive capacity in the United States , and that he was employed abroad for at least
one year in a managerial or executive capacity.
Upon de nova review , we find that the Petitioner has established by a preponderance of the evidence
that the Beneficiary will be employed in a managerial in the United States , and that he was employed
abroad in a managerial capacity. The record demonstrates that in both the proffered position and in
the positon abroad , the Beneficiary primarily perfom1s managerial duties , has the authority to hire
and fire subordinates , supervises and controls the work of professionals and managers , and has
discretion over day-to-day operations. In visa petition proceedings , it is the petitioner's burden to
establish eligibility for the immigration benefit sought. Section 291 of the Act, 8 U.S.C. § 1361.
Here , the Petitioner has met that burden.
ORDER: The appeal is sustained .
Cite as Matter of O-S-, Inc. , ID# 1956604 (AAO Aug. 26, 2019)

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