sustained EB-1C Case: Corporate Law

U.S. Citizenship 
and Immigration 
Services 
MATTER OF R-0-N·A-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUN.l2,2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of household packaging products, seeks to permanently employ the 
Beneficiary as general counsel and corporate secretary 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)(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 would be employed in a managerial or executive 
capacity or that she was employed in a managerial or executive capacity abroad. 
On appeal, the Petitioner asserts that the submitted evidence is sufficient to establish that the 
Beneficiary is employed abroad, and would be employed in the United States, in a managerial and 
executive capacity. The Petitioner states that the Beneficiary's role is one of the highest positions in 
a large multinational corporation and emphasizes that she supervises subordinate professionals while 
also overseeing an essential function of the organization. 
Upon de novo review, we conclude that the record now contains sufficient evidence to overcome the 
Director's denial. The submitted evidence reflects that the Beneficiary more likely than not acts in a 
managerial and executive capacity abroad overseeing managerial and professional subordinates and 
an essential function of the organization, namely the foreign employer's legal department. The 
Petitioner has provided a sufficiently .detailed duty description for the Beneficiary abroad and 
supporting evidence indicates that she supervises subordinate attorneys that qualify as professionals. 
The record also indicates that the Beneficiary's subordinates, namely two subordinate attorneys and 
a legal assistant, more likely than not relieve her from performing the non-qualifying duties of her 
function. -
Furthermore, the Petitioner submitted sufficient and credible evidence reflecting that the Beneficiary 
also acts as a high level executive and corporate secretary of the foreign employer overseeing a 
major function and that she is primarily focused on the broad goals and policies of the organization, 
specifically the legal policy of the company, rather than the day-to-day operations of the enterprise. 
Matter of R-G-N-A-, Inc. 
In addition, the Petitioner has provided sufficient evidence to establish that the Beneficiary will be 
employed in a managerial and executive capacity in the United States. The Petitioner established 
that the Beneficiary would act in a position largely identical to her capacity abroad. The Petitioner 
has submitted a credible and detailed duty description for the Beneficiary indicating that she will 
more likely than not supervise professional employees, including a subordinate attorney, two 
paralegals, and other managerial and professional subordinates who will relieve her from primarily 
performing non-qualifying duties. This organizational structure qualifies the Beneficiary as a 
personnel manager based on her supervision of other supervisors and professionals. Section 
l0l(a)(44)(A) of the Act. 
In addition, similar to the Beneficiary's foreign employment, the evidence indicates that she will act 
as a senior executive and as corporate secretary of the Petitioner who has a significant organizational 
structure. The evidence demonstrates that the Beneficiary will oversee a major function of the 
Petitioner and that she will be primarily focused on the broad goals and policies of the organization 
rather than the day-to-day operations of the enterprise. 
The totality of the evidence establishes that the Beneficiary is more likely than not employed in a 
managerial and executive capacity abroad and that she will be employed in a managerial and 
executive capacity in the United States. 
ORDER: The appeal is sustained. 
Cite as Matter of R-G-N-A-, Inc., ID# 1348472 (AAO Jun. 12, 2018) 
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