sustained EB-1C Case: Engineering

U.S. Citizenship 
and Immigration 
Services 
In Re: 19273485 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV . 15, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, an engineering services company, seeks to permanently employ the Beneficiary as its 
chief technology officer 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. 
§ 1153(b )(1 )(C). 
The Director of the Nebraska Service Center denied the petition, concluding the record did not 
establish, as required, that the Beneficiary would be employed in a managerial or executive capacity 
in the United States. The matter is now before us on appeal. On appeal, the Petitioner contends the 
Director erred by not considering its contention that the Beneficiary would be employed m a 
managerial capacity, only analyzing whether he would be employed in an executive capacity. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary would 
more likely than not be employed in a managerial capacity in the United States. We observe that the 
Director stated in the decision that the Beneficiary "is employed in a managerial capacity and not in 
the executive capacity as identified in the initial evidence." However, the Petitioner asserted in 
response to the Director's request for evidence (RFE), and now contends on appeal, that the 
Beneficiary would be employed in a managerial capacity overseeing subordinate managers and 
professionals. It also submitted additional evidence in response to the RFE to substantiate this 
assertion. Therefore, it appears that the Director acknowledged in the decision that the Beneficiary is 
eligible for the benefit sought by indicating that he is "employed in a managerial capacity." 
Upon a review of the record, we agree with this determination, as the Petitioner submitted a detailed 
and credible duty description for the Beneficiary in the United States indicating he would be primarily 
engaged in qualifying managerial tasks overseeing subordinate supervisors and professionals, 
including a business director, several engineers, a senior project manager, amongst other supervisory 
subordinates and employees holding bachelor's degrees required to perform the duties of their 
positions . 1 The submitted evidence also sufficiently establishes that the Beneficiary would have the 
1 To determine whether a beneficiary manages professional employees, we must evaluate whether the subordinate positions 
require a baccalaureate degree as a minimum for entry into the field of endeavor. Cf 8 C.F.R. § 204.5(k)(2) ( defining 
"profession" to mean "any occupation for which a U.S. baccalaureate degree or its foreign equivalent is the minimum 
authority to hire, fire, and take other personnel actions with respect to the organizational chart he 
oversees, and indicates that he would exercise discretion over the day-to-day operations of the 
company. Further, the provided evidence demonstrates that the Beneficiary's several subordinates 
would likely relieve him from primarily performing non-qualifying operational level tasks. As such, 
the evidence demonstrates that the Beneficiary would qualify as a personnel manager in the United 
States. 8 C.F.R. § 204.5(i)(2). 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
requirement for entry into the occupation"). Section 101 (a)(32) of the Act, states that "[t]he term profession shall include 
but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, 
colleges, academies, or seminaries." Therefore, we must focus on the level of education required by the position, rather 
than the degree held by subordinate employee. Here, the Petitioner has credibly established that the Beneficiary supervises 
several engineers holding bachelor's degrees required to perform the duties of their positions, as well as supervisors 
overseeing these engineers. 
2