sustained EB-1C Case: Human Resources

U.S. Citizenship 
and Immigration 
Services 
In Re: 6739058 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : NOV. 21, 2019 
Form I-140, Immigrant Petitioner for Multinational Managers or Executives 
The Petitioner , a global consulting firm, seeks to permanently employ the Beneficiary 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 on multiple grounds, concluding that the 
record did not establish, as required , that: (1) the Beneficiary would be employed in the United States 
in a managerial or executive capacity and (2) the Beneficiary had been employed in a managerial or 
executive capacity in his former position abroad. 
On appeal, the Petitioner asserts that the Beneficiary qualifies as a personnel and function manager in 
the United States, indicating that he both oversees an essential function and supervises subordinate 
professionals. Likewise, the Petitioner asserts that the Beneficiary acted in a similar role abroad as a 
function and personnel manager. 
Upon de nova review , we conclude that the record is sufficient to establish that the Beneficiary more 
likely than not will act in a managerial capacity in the United States. The Petitioner has submitted a 
detailed description of the Beneficiary's U.S. duties indicating that he will be primarily engaged in 
qualifying managerial tasks overseeing an essential function within the human resources department 
of the company. In addition , the Petitioner provided credible and detailed evidence demonstrating that 
the Beneficiary more likely than not will delegate a majority of non-qualifying operational tasks to 
subordinate professionals , including subordinate human resources administrators and various human 
resource managers within different departments throughout the company. As such, the evidence 
demonstrates that the Beneficiary will primarily perform the duties of a function manager in the United 
States. 
In addition , the Petitioner has demonstrated that the Beneficiary acted as a function manager in his 
former capacity abroad. In fact, the Beneficiary's role abroad appears to be very similar to his role in 
the United States and the Petitioner has submitted a detailed and credible duty description for his 
former position abroad. The Petitioner also provided documentation indicating that the Beneficiary 
oversaw subordinate professionals and he exercised full discretionary authority over the planning, 
analysis , and forecasting of the foreign employer's recruiting activities. 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 as a function manager in his former capacity abroad. 
The totality of the evidence establishes that: (1) the Beneficiary will more likely than not be employed 
in a managerial capacity in the United States and (2) he was employed in a managerial capacity in his 
former capacity abroad. 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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