sustained EB-1C Case: Computer Products
Decision Summary
The director denied the petition, concluding the petitioner failed to establish that the beneficiary's proposed role would be in a qualifying managerial or executive capacity. The AAO sustained the appeal after reviewing a detailed job description, an organizational chart of subordinates, and quarterly wage reports, which sufficiently demonstrated that the beneficiary would be employed in a qualifying capacity.
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U.S. Department of Homeland Security U. S. Citizenship and Immigration Services Administrative Appeals Office (AAO) 20 Massachusetts Ave., N.W., MS 2090 Washington, DC 20529-2090 U.S. Citizenship and Immigration Services DATE: OCT 1 6 2012 OFFICE: NEBRASKA SERVICE CENTER FILE: INRE: Petitioner: Beneficiary: PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to Section 203(b)(I)(C) of the Immigration and Nationality Act, 8 U.S.C. ยง 1153(b)(l)(C) ON BEHALF OF PETITIONER: INSTRUCTIONS: Enclosed please find the decision of the Administrative Appeals Office in your case. All of the documents related to this matter have been returned to the office that originally decided your case. Please be advised that any further inquiry that you might have concerning your case must be made to that office. Thank you, PerryRhew Chief, Administrative Appeals Office www.uscis.gov Page 2 DISCUSSION: The Director, Nebraska Service Center, denied the petition for a nonimmigrant visa. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petitioner is a manufacturer and distributor of computer-related products. It seeks to employ the beneficiary as its General Manager and Chief Financial Officer. Accordingly, the petitioner endeavors to classify the beneficiary as an employment-based immigrant pursuant to section 203(b)(l)(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. ยง I I 53(b)(I)(C), as a multinational executive or manager. On February 24, 2011, the director denied the petition concluding that the petitioner failed to establish that the beneficiary's proposed employment with the U.S. entity would be within a qualifying managerial or executive capacity. Upon review of the record, the AAO withdraws the director's decision and sustains the appeal. The petitioner provided a detailed job description ofthe job duties to be performed by the beneficiary, an organizational chart indicating the subordinates supervised by the beneficiary, and quarterly wage reports to demonstrate that these individuals are employed by the petitioner. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely with the petitioner. Section 291 of the Act, 8 U.S.C. ยง 1361. Here, that burden has been met. Accordingly, the appeal will be sustained. ORDER: The appeal is sustained.
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