sustained EB-1C Case: E-Commerce

U.S. Citizenship 
and Immigration 
Services 
MATTER OF A-C- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: DEC.l4.2017 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an electronic commerce business. seeks to permanently employ the Beneficiary as a 
·'Software Development Manager III'' under the first preference immigrant classification of a 
multinational executive or manager. S'ee Immigration and Nationality Act (the Act) 
section203(b)(l)(C), 8U.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 Director of the Nebraska Service Center denied the petition. concluding that the Petitioner did 
not establish. as required. that the Beneficiary had been employed abroad in a managerial or 
executive capacity. 
On appeal, the Petitioner submits additional evidence and asserts that the Director mischaracterized 
the nature of the Beneficiary's responsibilities. his responsibility for managing an entire business 
division within the foreign entity. and his responsibility for supervising and controlling the work of 
other professional employees. 
Upon de novo review. we will sustain the appeal. 
I. LEGAL FRAMEWORK 
An immigrant visa is available to a beneficiary who. in the three years preceding the tiling of the 
petition, has been employed outside the United States for at least one year in a managerial or executive 
capacity. and seeks to enter the United States in order to continue to render managerial or executive 
services to the same employer or to its subsidiary or affiliate. Section 203(b)(l )(C) ofthc Act. 
The Form I-140. Immigrant Petition for Alien Worker. must include a statement from an authorized 
official of the petitioning United States employer which demonstrates that the beneficiary has been 
employed abroad in a managerial or executive capacity for at least one year in the three years preceding 
the tiling of the petition. that the beneficiary is coming to work in the United States for the same 
employer or a subsidiary or affiliate of the foreign employer. and that the prospective U.S. employer has 
been doing business for at least one year. See 8 C.F.R. § 204.5(j)(3 ). 
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Matter ofA-C- LLC 
II. DISCUSSION 
The Director found that the evidence did not establish that the Beneficiary had been employed 
abroad in a managerial or executive capacity as defined at section 10l(a)(44) of the Act: 8 U.S.C. 
§ 1101(a)(44). 
In denying the petition, the Director emphasized the Petitioner's description of the Beneficiary's 
duties, noting that the Beneficiary spent the majority of his time coaching the nine subordinates on 
his team and performing the duties of a first-line supervisor. The Director further found that the 
described duties indicated that the Beneficiary had been acting more like a ''lead" on his team, 
helping his team complete their duties. rather than primarily managing the team. 
Upon review of the petition and evidence. including the evidence submitted on appeal, we find that 
the Petitioner has overcome the grounds for denial articulated by the Director. 
The foreign entity is a fulfillment services company supporting the Petitioner· s global retail 
business. It enables the delivery of millions of items for the global business every day. The 
Petitioner labeled the Beneficiary's position with the foreign entity. during the pertinent time period. 
''manager for the of [the foreign entity's] 
business." The record shows that the Beneficiary supervised nine subordinate employees in this 
position. The record also includes 
evidence of the subordinates' duties. We find that the duties of 
the Beneficiary's subordinates encompass primarily professional duties requiring a minimum of a 
bachelor's degree to perform them. Accordingly, the Beneficiary's subordinates are professional 
employees as defined in the regulations. See 8 C.F.R. § 204.5(k)(2). The Petitioner has further 
clarified the Beneficiary's role in managing and supervising these employees on appeal. 
Additionally, the Petitioner provided sufficient evidence to establish the time the Beneficiary 
devoted to managerial and supervisory duties. 
The Petitioner's clarification of the Beneficiary's role and the submitted documentary evidence is 
sufficient to support the Petitioner's claim that the Beneficiary primarily supervised professional 
employees while employed at the foreign entity. Although the Beneficiary may have assisted his 
team in completing their duties, the record includes sufficient evidence that the Beneficiary was 
more than a team lead. Rather the Beneficiary's duties, more likely than not involved exercising the 
responsibility of a manager over his division within the foreign entity and supervising the work of 
his nine subordinate professional employees. The record establishes that the Beneficiary primarily 
performed these duties. The record also includes evidence that the Beneficiary had authority to hire. 
tire, and recommend personnel actions of those he supervised and that he exercised discretion over 
the day-to-day operations of the outbound sortation division. The Beneficiary's subordinates carried 
out the duties of the division relieving the Beneficiary from perf(mning primarily non-qualifying 
duties. 
Taking into account the professional nature of the Beneficiary's subordinates' positions and the 
explanation of the Beneficiary's role within the foreign entity's organization, we find that the record 
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Malter o/A-C- LLC 
establishes that the Beneficiary's duties for the foreign entity were duties primarily in a managerial 
capacity, as that term is defined in the Act. 
Ill. CONCLUSION 
The Petitioner has established that the Beneficiary was employed in a managerial capacity for the 
foreign entity at least one year in the three years preceding the filing of this petition. 
ORDER: The appeal is sustained. 
Cite as Matter ofA-C- LLC, ID# 873396 (AAO Dec. 14. 20 17)