sustained EB-1C Case: Healthcare And Beauty Products

U.S. Citizenship 
and Immigration 
Services 
In Re: 8325392 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : MAY 26, 2020 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner, a healthcare and beauty products distributor, seeks to permanently employ the 
Beneficiary as its "VP Operations" in the United States 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 Texas Service Center denied the petition concluding the record did not establish, 
as required, that the Beneficiary would be employed in the United States in a managerial or executive 
capacity . Further, the Director determined the Petitioner did not demonstrate that the Beneficiary had 
been employed in a managerial or executive capacity in his former position abroad. 
On appeal, the Petitioner submits more detailed duty descriptions for the Beneficiary specific to his 
position in the United States and his former position abroad. The Petitioner also provides additional 
documentation it contends demonstrates that the Beneficiary would act in the United States, and acted 
abroad, in a managerial capacity. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary would, 
more likely than not, act as a function manager in the United States. The Petitioner has submitted a 
detailed U.S . duty description for the Beneficiary as its vice president of operations indicating that he 
has been, and would be, primarily engaged in qualifying managerial tasks overseeing a clearly defined 
essential function of the company . Specifically, the evidence reflects that the Beneficiary would 
oversee and exercise discretionary authority over its sales and marketing operations in the United 
States. The Petitioner provided documentation reflecting that the Beneficiary primarily delegated, and 
would delegate, non-qualifying operational tasks to subordinates within his function, including a 
supply chain consultant, sales support administrator , and several sales and marketing managers. 
The Petitioner also submitted supporting documentation to substantiate that the Beneficiary will act 
as the most senior employee within the sales and marketing function and that he exercised 
discretionary authority over it, as well as subordinates within this function. For instance, the Petitioner 
provided evidence indicating that the Beneficiary conducted performance reviews of his subordinates, 
delegated work to them, and that he made hiring and personnel decisions with respect to the members 
of the function. As such, the evidence demonstrates that the Beneficiary would primarily perform the 
duties of a function manager in the United States. See section 10l(a)(44)(A)(ii) of the Act; Matter of 
G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017). 
In addition, the Petitioner has sufficiently established that the Beneficiary more likely than not acted 
as a function manager in his former position abroad as "USA Country Manager." In fact, the 
Beneficiary's role abroad appears very similar to his current role in the United States and the Petitioner 
has submitted a detailed and credible duty description for this former position abroad. The Petitioner 
also submitted documentation indicating that the Beneficiary oversaw several sales and marketing 
managers and sales administrators within his function and that he exercised full discretionary authority 
over it. In sum, the submitted evidence credibly demonstrates that the Beneficiary more likely than 
not devoted a majority of his time to qualifying managerial tasks abroad. Therefore, the Petitioner 
sufficiently established that the Beneficiary acted in a managerial capacity abroad. Id. 
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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