sustained
EB-1C
sustained EB-1C Case: Financial Services
Decision Summary
The appeal was sustained because upon de novo review, the AAO found the petitioner successfully demonstrated the beneficiary would be employed in a managerial capacity. The record, including a detailed job description, showed the beneficiary would manage a critical function within a global organization, overcoming the initial denial which focused improperly on the size of the subordinate staff.
Criteria Discussed
Managerial Capacity Functional Manager
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. U.S. Citizenship and Inunigration Services MATTER OF B-C-US, INC. Non-Precedent Decision of the Administrative Appeals Office DATE: MAR. 20. 2019 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a global financial services provider, seeks to permanently employ the Beneficiary as its "Director, 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. Β§ 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 concluding that the Petitioner did not establish, as required, that the Beneficiary would be employed in the United States in a managerial capacity. The Director's analysis focused exclusively on the size of the Beneficiary's subordinate staff On appeal, the Petitioner disputes the denial asserting that it has provided sufficient evidence to address all matters concerning its eligibility. The Petitioner contends that the Beneficiary is a key senior-level manager who will oversee and manage global initiatives for a product that contributes over $3 billion to the petitioning organization worldwide. Upon de nova review, we find that the Petitioner has demonstrated that the Beneficiary will manage a critical function within a global organization. The record includes a comprehensive job duty breakdown and a detailed discussion of the Beneficiary's role in working globally with a crossΒ functional team. Based on the totality of the evidence, we find that the Petitioner has overcome the grounds for denial. Therefore, we will sustain the appeal. ORDER: The appeal is sustained. Cite as Matt er of B-C-US-, Inc., ID# 2528505 (AAO Mar. 20, 2019)
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