sustained EB-1C Case: Finance

U.S. Citizenship 
and Immigration 
Services 
In Re: 7765381 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAR. 20, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, an international bank, seeks to permanently employ the Beneficiary as "Head of Index 
Trading, Americas" 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)(l)(C). 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary would be employed in the United States in a managerial or 
executive capacity or that he was employed in a managerial or executive capacity in his former position 
abroad. 
On appeal, the Petitioner contends that the Director erred in concluding that the Beneficiary would 
only act, and acted abroad, as a first line supervisor. The Petitioner asserts that the Beneficiary would 
work as a personnel manager overseeing professional subordinates and indicates that he also acted in 
this qualifying role in his former position abroad. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary would 
more likely than not act in a managerial capacity in the United States. The Petitioner submitted a 
detailed and credible duty description for the Beneficiary in the United States indicating that he would 
be primarily engaged in qualifying managerial tasks overseeing its index trading department. In 
addition, the evidence sufficiently demonstrates that the Beneficiary would oversee professional 
traders requiring bachelor's degrees. The submitted evidence also sufficiently establishes that the 
Beneficiary would have the authority to hire, fire, and take other personnel actions with respect to the 
members of his department and indicates that he would exercise discretion over its day-to-day 
operations. Further, the provided evidence demonstrates that the members of the Beneficiary's 
department more likely than not 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(j)(2). 
In addition, the submitted evidence also adequately establishes that the Beneficiary more likely than 
not acted as a personnel manager in his former capacity abroad as the head of index exotics trading. 
Much like the Beneficiary's position in the United States, the provided evidence sufficiently 
demonstrates that he more likely than not supervised professional subordinates; namely traders 
holding bachelor's degrees. Further, the evidence indicates that the Beneficiary had personnel 
authority over his subordinate traders and that they primarily relieved him from performing non­
qualifying operational duties abroad. 
The totality of the evidence establishes that the Beneficiary would more likely than not be employed 
in a managerial capacity in the United States and that he was employed in this same qualifying capacity 
in his former position abroad. 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. 
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