sustained EB-1C Case: Food Marketing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF T-T- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 25, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an international food marketing company with over 100 employees, seeks to 
permanently employ the Beneficiary as its chief executive officer with an annual salary of $350,000 
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. § 1153(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 failed 
to respond to a request for evidence (RFE) and therefore did not establish, as required, that the 
Beneficiary was employed abroad in a managerial or executive capacity. 
On appeal, the Petitioner reasserts the claim that the Beneficiary was employed in an executive 
capacity, pointing to evidence that was previously submitted in response to the RFE, including a letter 
from the foreign entity containing the Beneficiary's job duty breakdown and the job duties and 
professional credentials of the Beneficiary's direct subordinates. 
We find that the Director erroneously determined that the Petitioner failed to respond to the previously 
issued RFE and that this oversight precluded the Director from reviewing critical evidence, including 
the Beneficiary's foreign job description, the existence of a six-person managerial support staff, and 
the Beneficiary's placement within a complex and highly developed organizational hierarchy where 
each managerial subordinates had a subordinate staff of their who were available to carry out the 
organization's non-executive functions. In sum, we find that the Director's conclusion was not 
warranted. Therefore, we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofT-T- Corp., ID# 5607425 (AAO Oct. 25, 2019)