sustained EB-1C Case: Construction

U.S. Citizenship 
and Immigration 
Services 
MATTER OF B-, LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB. 8, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a construction business, seeks to permanently employ the as its vice president under the 
multinational manager or executive classification. See Immigration and Nationality Act (the Act) 
§ 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). The Director, Nebraska Service Center, denied the 
petition. The matter is now before us on appeal. The appeal will be sustained. 
The Director determined that the Petitioner did not establish that it would employ the Beneficiary in 
a qualifying managerial or executive capacity. The Director also observed that there were 
inconsistencies in the record regarding the dates of the Beneficiary's employment with the 
Petitioner's Chinese parent company. 
On appeal, the Petitioner submits a brief disputing the denial and addressing the Director's adverse 
findings. 
We conduct appellate review on a de novo basis. Upon reviewing the entire record of proceeding as 
supplemented by the Petitioner's submission on appeal, we conclude that the record now contains 
sufficient evidence to overcome the basis for the Director's decision. Specifically, the Petitioner 
has established by a preponderance of the evidence that it will employ the Beneficiary in a 
qualifying managerial capacity. Further, the Petitioner has explained the perceived inconsistencies 
regarding the Beneficiary's dates of employment with its foreign parent company. 
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; Matter ofOtiende, 26 I&N Dec. 127, 128 
(BIA 2013). The Petitioner in the instant case has met that burden. 
ORDER: The appeal is sustained. 
Cite as Matter ofB-, LLC, ID# 15540 (AAO Feb. 8, 2016)