sustained EB-1C Case: Import/Export

U.S. Citizenship 
and Immigration 
Services 
MATTER OF W-H-(USA)C-. LTD. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 2, 2016 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an import/export company, seeks to permanently employ the Beneficiary as its 
general manager under the first preference immigrant classification for multinational executives or 
managers. See Immigration and Nationality Act (the Act)§ 203(b)(l)(C), 8 U.S.C. § 1153(b)(1)(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, Nebraska Service Center, denied the petition. The Director concluded that the 
Petitioner did not establish that it seeks to employ the Beneficiary in a qualifying managerial or 
executive capacity, as defined at 8 C.P.R. § 204.5G)(2). 
The matter is now before us on appeal. In its appeal, the Petitioner submits a brief disputing the 
denial and addressing the Director's adverse findings. The Petitioner also submits copies of 
previously submitted materials. 
Upon de novo review, we will sustain the appeal. 
Upon reviewing the entire record of proceeding as supplemented by the Petitioner's submission on 
appeal, we conclude that the record now contains sufficient evidence to overcome the basis for the 
Director's decision. 
Specifically, the totality of the evidence now establishes that the Petitioner has shown that the 
Petitioner seeks to employ the Beneficiary in a qualifying managerial or executive capacity in the 
United States. 
In visa petition proceedings, the burden of proving eligibility for the benefit sought remains entirely 
with the petitioner. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner in the instant case has 
sustained that burden. 
ORDER: The appeal is sustained. 
Cite as Matter ofW-H-(USA)C-. Ltd, ID# 15708 (AAO Mar. 2, 2016)