sustained EB-1C

sustained EB-1C Case: Financial Services

πŸ“… Date unknown πŸ‘€ Company πŸ“‚ 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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View Full Decision Text
.
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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