sustained EB-1C Case: Construction Equipment Manufacturing

MATTER OF S-1-H- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC. 6, 2018 
. APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of construction equipment, seeks to permanently employ the 
Beneficiary as chief executive officer 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. § l 153(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 Acting Director of the Nebraska Service Center denied the petition, concluding that the record 
did not establish, as required, that the Beneficiary has been employed abroad in a managerial or 
executive capacity. 
On appeal, the Petitioner asserts that the Director erred by not fully considering substantial evidence 
in the record. 
Upon de novo review, we will sustain the appeal. 
On appeal, the Petitioner demonstrates that it had submitted sufficient information about the 
Beneficiary's duties at the foreign entity. The record consistently and credibly establishes that the 
Beneficiary was the highest-ranking official at the foreign entity, overseeing a complex 
organizational hierarchy including a dedicated subordinate layer of management, consistent with the 
statutory definition of executive capacity at section 10l(a)(44)(B) of the Act. 
The Petitioner has provided sufficient information and evidence to establish the Beneficiary's 
executive capacity abroad. 
ORDER: The appeal is sustained. 
Cite as Matter ofS-1-H- LLC, ID# 1824309 (AAO Dec. 6, 2018)