sustained EB-1C Case: Composites Manufacturing

U.S. Citizenship 
and Immigration 
Services 
InRe : 16511805 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 25, 2021 
Form I-140, Petition for Multinational Managers or Executives 
The Petitioner is a multinational entity claiming to gross $60 million in the United States as a 
manufacturer of composites . It seeks to permanently employ the Beneficiary as its "Chief Operating 
Officer, Composites" with a proffered wage of $180,000 under the first preference immigrant 
classification for multinational executives or managers. See 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 Petitioner did not 
specify the dates of the Beneficiary's foreign employment or the position he held during the relevant 
one-year period. The Director further concluded that the Petitioner did not establish , as required, that 
(1) there is a bona fide job offer for the Beneficiary's U.S. position; (2) the Beneficiary will be 
employed in a managerial or executive capacity; and (3) the Beneficiary was employed abroad in a 
managerial or executive capacity . 
On appeal, the Petitioner disputes the Director's decision , contending that the Beneficiary was 
employed abroad as a "top executive" and would be similarly employed in the United States as an 
executive , charged with increasing the organization's gross profits and share of the composites matket 
in the United States through its U.S. subsidiaries. 1 The Petitioner points to previously submitted 
evidence , includingjob descriptions, organizational charts, and corporate documents as evidence of 
its eligibility. 
Upon de nova review, we conclude that the Director did not adequately consider the Petitioner's claims 
and supporting evidence , which includes specific dates and positions held by the Beneficiary during 
his employment abroad and shows that during the one-year period prior to the filing of this appeal and 
in his proposed position with the U.S. entity , the Beneficiary has and would continue to occupy a 
position that is at the top of a complex organizational hierarchy that has included and continues to 
1 A Notice of Self-Representation was sent to the Petitioner and former counsel informing both parties that because they 
did not comply with the regulatory provision requiring that a new , properly executed Form G-28 , Notice of Entry of 
Appearance as Attorney or Accredited Representative, be submitted with the appeal, the Petitioner would be treated as 
self-represented and notices and communications relating to this appeal would be mailed on to the Petitioner . 
include ample management and subordinate personnel available to carry out the Beneficiaty's 
directives and perform each entity's operational tasks, thereby supporting the Beneficiary in an 
executive position both abroad and in the United States. 
In sum, the Petitioner provided sufficient evidence and established by a preponderance of the evidence 
that the Beneficiary has a bona fide job offer and that he was more than likely employed abroad and 
that he would more likely than not be employed in the United States in an executive capacity. 
Therefore, we will sustain the appeal. 
ORDER: The appeal is sustained. 
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