sustained EB-1C Case: E-Commerce

. .
U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-W-
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 18, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an electronic commerce company, seeks to permanently employ the Beneficiary as 
its "Principal Product Manager - Technology" 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 Director of the Nebraska Service Center denied the petition, determining that the Petitioner did 
not establish, as required, that the Beneficiary's last foreign employer continues to do business 
abroad, or that the Beneficiary was employed abroad, and would be employed in the United States, 
in a managerial or executive capacity. On appeal, the Petitioner submits additional evidence and 
asserts that it has now met all eligibility requirements for the benefit sought. 
Upon de novo review of the record, we will sustain the appeal. The Petitioner has now submitted 
sufficient evidence to establish that the Beneficiary's foreign employer continues to do business. in 
Italy as part of the group's multinational operations. The Petitioner has also provided additional 
details regarding the Beneficiary's proposed role in the United States and his employment history 
with the foreign entity sufficient to establish that he was employed abroad, and will be employed in 
the United States, in a managerial capacity as defined at section 10l(a)(44)(A) of the Act, 8 U.S.C. 
§ l 10l(a)(44)(A). With respect to the Beneficiary's foreign employment, the Petitioner has 
demonstrated that he primarily managed the global sales component of the company, supervised 
professional personnel, had the authority to hire and fire personnel, and exercised discretion over 
worldwide sales operations. Further, the totality ,of the evidence now supports the Petitioner's claim 
that he will primarily manage an essential product management function in the United States related 
to the company's high performance computing (HPC) products, operate at a senior level with respect 
to that function, delegate most of the function's non-managerial duties to subordinate professionals, 
and exercise discretion over the function's day-to-day operations. 
ORDER: The appeal is sustained. 
Cite as Matter A-W- ID# 1557530 (AAO Oct. 18, 2018)