sustained EB-1C Case: Food Additives Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re: 8309585 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: MAY 27, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, a manufacturer and distributor of food additives, seeks to permanently employ the 
Beneficiary as a project manager in the United States under the fust 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 the record did not 
establish, as required, that the Beneficiary was employed abroad in a managerial or executive capacity 
for at least one year in the three years preceding his entry into the United States as a nonimmigrant. 
On appeal, the Petitioner contends the Director erred by focusing on the Beneficiary's more recent 
exit from, and reentry into, the United States and his employment with a foreign affiliate abroad for 
approximately 10 months in 2017. The Petitioner asserts that when analyzing whether the Beneficiary 
was employed abroad for at least one year the Director should look to his foreign employment prior 
to his fust entry into the United States as a nonimmigrant in 2012. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary was 
employed in a managerial capacity abroad for at least one year in the three years preceding his entry 
into the United States as a nonimmigrant. The Beneficiary was employed abroad with various foreign 
affiliates of the Petitioner abroad as a project and engineering manager beginning in 2005 until his 
entry into the United States as a nonimmigrant in May 2012 to work in a similar position. In 2017, 
the Beneficiary went to China to work for a qualifying affiliate for approximately 10 months. Because 
the Beneficiary's 2017 foreign employment for 10 months was with a qualifying foreign affiliate, it 
was not interruptive of the Beneficiary's continuity of employment with the Petitioner's multinational 
organization . See Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018). As such, 
the Petitioner has sufficiently demonstrated that the Beneficiary was employed abroad in a managerial 
capacity for at least one year in the three years preceding his entry into the United States as a 
nonimmigrant. 
ORDER: The appeal is sustained .