sustained EB-1C Case: Computer Networking Software

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-T- , INC . 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG . 27, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a computer networking software company specializing in ....._ __ ........ ____ .... 
I I seeks to permanently employ the Beneficiary as its "Principal Product Software Engineer" 
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)(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 record did not 
establish, as required , that: (1) the Beneficiary would be employed in the United States in a managerial 
or executive capacity ; and (2) the Beneficiary was employed abroad in a managerial or executive 
capacity prior to his transfer to the United States to work for the Petitioner as a nonimmigrant. 
On appeal , the Petitioner submits additional evidence and contends that the Director 's decision 
mischaracterized its response to a request for evidence (RFE) , did not give that response due 
consideration , and did not adequately address why the Petitioner's evidence did not establish the 
Beneficiary ' s eligibility as a multinational manager. 
Upon de nova review , we conclude that the record is now sufficient to establish by a preponderance 
of the evidence that the Beneficiary was employed abroad , and would be employed in the United 
States, in a managerial capacity as defined at section 101(a)(44)(A) of the Act. Accordingly , we will 
sustain the appeal. 
First , we conclude that the Petitioner submitted a detailed description of the Beneficiary's former and 
proposed duties indicating that he has been and will be primarily engaged in qualifying managerial 
tasks overseeing teams responsible for the quality , reliability , and support of the company 's Media 
Portal and Media Analytics service offerings. In addition , the Petitioner provided sufficient 
documentation demonstrating that the Beneficiary makes decisions that impact these services , has 
authority over their technical direction , and has discretion to begin new projects and initiatives within 
his division. Further , the record demonstrates that he has delegated and will delegate most non­
qualifying operational tasks to subordinate engineers , including some who have their own 
subordinates . Finally, the Petitioner has submitted credible documentation to corroborate the 
Matter of A-T-, Inc. 
Beneficiary's current and former managerial roles, including evidence of his delegation of tasks in the 
U.S. and abroad, evidence of his discretionary authority with respect to his assigned products and 
services, copies of performance evaluations he conducted with his professional subordinates, and 
evidence of his authority to make and approve hiring, disciplinary, and other personnel decisions. 
In sum, the totality of the evidence establishes that the Beneficiary was employed abroad and will be 
employed in the United States in a managerial capacity. 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. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter of A-T- Inc., ID# 5450304 (AAO Aug. 27, 2019) 
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