sustained EB-1C Case: Hotel Management

U.S. Citizenship 
and Immigration 
Services 
MATTER OF L-H-G- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: JUNE 5, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a luxury hotel, seeks to permanently employ the Beneficiary as its corporate planning 
director/CFO under the first preference immigrant classification for multinational executives or 
managers. See Immigration and Nationality Act (the Act) section 203(b)(I)(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, and affirmed the denial after 
reviewing the Petitioner's subsequent combined motion to reopen and reconsider. The Director 
found that the Petitioner 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 to the 
United States to work for the Petitioner as a nonimmigrant. 1 
On appeal, the Petitioner submits additional evidence and asserts that the Bene!iciary was employed 
abroad in a managerial capacity. 
Upon de novo review of the record, we will sustain the appeal. The Petitioner has submitted an 
expanded description of the Beneficiary's last position abroad, where he served as finance manager 
based at its parent company's corporate headquarters in Korea. The Petitioner has also provided 
additional details regarding his subordinates' duties, and a more detailed explanation of the finance 
function he managed. The totality of the evidence now establishes that the Beneficiary primarily 
performed duties in a managerial capacity as defined at section IOI(a)(44)(A) of the Act, 8 U.S.C. 
§ IIOI(a)(44)(A). Further, the Petitioner has demonstrated that he managed an essential function, 
operated at a senior level with respect to that function, delegated most of the function's non­
managerial duties to subordinate professionals, and exercised discreiion over the function's day-to­
day operations. Accordingly, the Petitioner has established that the Beneficiary was employed 
abroad in a managerial capacity. 
1 The Director initially denied the petition on a second ground, finding that the Petitioner did not establish that it would 
employ the Beneficiary in a managerial or executive capacity in the United States. The Director detennined that the 
Petitioner overcame this basis for denial on motion. 
Malter ofL-H-G- LLC 
ORDER: The appeal is sustained. 
Cite as Maller L-H-G- LLC. ID# 1222025 (AAO June 5, 20 18) 
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