sustained EB-1C Case: Cosmetics Manufacturing

U.S. Citizenship • 
and Immigration 
Services 
MATTER OF T-E-L-C' INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 21, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer and marketer of skin care, makeup, and fragrance products, seeks to 
permanently employ the Beneficiary as its "Executive Director, Global OTC Project Manager" 
under the first preference immigrant classification for multinational executives or managers. See 
Immigration and Nationality Act (the Act) section 203(b)(1)(C), 8 U.S.C. § 1153(b)(l)(C). This 
classification allows a U.S. employer to permanently transfer a qualified foreign employee lo the United 
States to work in an executive or managerial capacity. 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did not 
establish, as required, that it would employ the Beneficiary in a managerial or executive capacity. On 
appeal, the Petitioner submits additional evidence and cites Matter of G- Inc., Adopted Decision 
2017-05 (AAO Nov. 8, 2017), in support of its assertion that the Beneficiary will be employed as a 
function manager. The Petitioner contends that the Director did not review the totality of the 
evidence or apply the guidance provided by Matter of G-. 
Upon de novo review of the record, we agree with the Petitioner's assertions and will sustain the 
appeal. On appeal, the Petitioner provides a clearer explanation of the essential function the. 
Beneficiary will manage and includes a supplemental organizational chart depicting the global learns 
the Beneficiary coordinates as part of his responsibility for managing global quality assurance and 
validation programs for the launch of the Petitioner's "over-the-counter" (OTC) skin care products. 
The Petitioner has now established by a preponderance of the evidence that the Beneficiary will 
primarily perform managerial duties as defined at section 101(a)(44)(A) of the Act, 8 U.S.C. 
§ 1101(a)(44)(A). Further, the Petitioner has demonstrated that he will manage a clearly defined 
function within the company's Global Quality Assurance division, operate at a senior level with 
respect to this function, delegate most ·of the function's non-managerial duties to other company 
staff, and exercise discretion over the function's day-to-day operations. Accordingly, the Petitioner 
established that the Beneficiary will be employed in a managerial capacity. 
ORDER: The appeal is sustained. 
Cite as MatterT-E-L-C- Inc., ID# 1412723 (AAO June 21, 2018)