sustained EB-1C Case: Education Services

U.S. Citizenship 
and Immigration 
Services 
In Re: 10041226 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : SEPT. 24, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, an education services provider, seeks to permanently employ the Beneficiary as its 
"CEO" 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 Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary was employed abroad and would be employed in the United 
States in a managerial or executive capacity. The Director offered an identical analysis for both 
positions, determining that the Petitioner provided deficient job descriptions that did not demonstrate 
the Beneficiary's "qualifying role." 
On appeal, the Petitioner argues that the Director did not apply the proper standard of proof and 
focused his analysis primarily on the Beneficiary's job descriptions to the exclusion of other probative 
evidence, including letters from the authorized representatives of the foreign and U.S. entities, payroll 
and tax records, and email correspondence between the Beneficiary and her subordinate staff. The 
Petitioner contends that the record provides sufficient context for the Beneficiary's job duty 
breakdowns and demonstrates that the Beneficiary was employed abroad in a managerial capacity and 
that her proposed U.S. position would be in an executive capacity. 
Upon de nova review, we conclude that the Beneficiary's foreign and proposed positions meet the 
statutory and regulatory criteria. A review of the Beneficiary's job descriptions, the employing 
entities' organizational structures, the Beneficiary's positions and roles within the entities' respective 
hierarchies, the duties of the Beneficiary's subordinate employees, and the presence of other 
employees who relieved and will relieve the Beneficiary from performing operational duties, leads to 
a conclusion that the Petitioner demonstrated by a preponderance of the evidence that the Beneficiary 
was employed abroad in a managerial capacity and will be employed by the Petitioner in an executive 
capacity. Further, the record contains sufficient evidence of the Beneficiary's top-most placement 
within the U.S . and foreign entities' respective organizational hierarchies, adequately demonstrating 
the Beneficiary's senior role and discretionary authority over the employees and activities within each 
entity. 
In sum, the Petitioner provided sufficient evidence and established by a preponderance of the evidence 
that the Beneficiary was employed abroad in a managerial capacity and would more likely than not be 
employed in an executive capacity in her proposed position with the petitioning entity. Therefore, we 
will sustain the appeal. 
ORDER: The appeal is sustained. 
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