sustained EB-1C Case: Diving Equipment Wholesale

Non-Precedent Decision of the 
Administrative Appeals Office 
MATTER OF 1-D-S DATE: FEB. 7, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION . . 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a wholesaler of diving equipment, seeks to permanently employ the Beneficiary as its 
general manager 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. 
§"l 153(b)(l)(C). This classification allows a U.S. e_mployer to permanently transfer a qualified 
foreign employee to the United States to work in an executive or managerial capacity . 
. I 
The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner did 
not establish, as required, that the Beneficiary's proposed employment with the U.S; entity would be 
in a managerial capacity. 
On appeal, the Petitioner contends that the Director did not properly consider the totality of the 
evidence and made critical factual errors. The Petitioner makes note of errors in the Director's 
interpretation of its staffing structure and the Beneficiary's placement with respect to subord_inate 
employees; it further ciarifies the role that contractors play in its business, explaining the business 
purpose of hiring contractors, rather than in-house employees, to perform ·certain services. The 
Petitioner also supplements the record with additional evidence, showing how it was staffed at the 
· time of filing and the organizational growth it has experienced since such time. 
Upon de nova review, we agree with the Petitioner's assessment and find that the Director .did not 
properly review the evidence. We also note that the Director erroneously applied the definition of 
managerial capacity to the Beneficiary's subordinates, overlooking the legal parameters, which 
require that the statutory definition be applied only to the Beneficiary. In sum, we ·find that an 
adverse decision was not warranted in this matter: Therefor~, we will sustain th~ appeal. 
ORDER: The appeal is sustained ... 
Cite as Matter ofl-D-S-, ID# 2051442 (AAO Feb. 7, 2019)