sustained EB-1C Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF N-D-, INC. 
APPEAL OF TEXAS SERVICE CENTER DECISION 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: OCT. 18, 2019 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, an information technology services company, seeks to permanently employ the 
Beneficiary as a delivery senior manager 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). 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 Texas Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary's U.S. position and his position abroad qualify as 
managerial positions . On appeal, the Petitioner submits additional evidence and asserts that the 
Beneficiary served a manager abroad and that he will continue to serve as a manager in the United 
States. 
Upon de nova review, we will sustain the appeal. 
"Managerial capacity" means an assignment within an organization in which the employee primarily 
manages the organization, or a department, subdivision, function, or component of the organization; 
supervises and controls the work of other supervisory, professional, or managerial employees, or 
manages an essential function within the organization, or a department or subdivision of the 
organization; has authority over personnel actions or functions at a senior level within the 
organizational hierarchy or with respect to the function managed; and exercises discretion over the 
day-to-day operations of the activity or function for which the employee has authority. Section 
10l(a)(44)(A) of the Act. 
Personnel managers are required to primarily supervise and control the work of other supervisory, 
professional , or managerial employees. If a beneficiary directly supervises other employees, the 
beneficiary must also have the authority to hire and fire those employees, or recommend those actions, 
and take other personnel actions. See section 101(a)(44)(A)(i) of the Act; 8 C.F.R. § 204.5(j)(2). The 
Director's decision focused primarily on the Beneficiary's authority to hire and fire employees and 
recommend other personnel actions both abroad and in the United States. 
Matter of N-T-, Inc. 
Here, the Petitioner has established by a preponderance of the evidence that the Beneficiary served a 
as a senior-level manager in India and that he will continue to serve as a senior-level manager in the 
United States. It has meaningfully described his managerial duties in India and in the United States. 
The Petitioner has also clearly identified the teams managed by the Beneficiary and established that 
he has been and will continue to exercise discretion over his teams' day-to-day operations. In India, 
he managed the team overseeing the systems applications and products (SAP) interface developments 
and service operations for the foreign entity, and in the United States, he manages multiple teams 
including SAP interface developments and service operations, project delivery services, consulting, 
and the SAP cloud platform global competency teams. Further, the Petitioner has established that the 
Beneficiary has been and will continue to primarily manage professional personnel on those teams 
and that he has had and will continue to have the authority to hire and fire subordinates, or recommend 
those actions, and take other personnel actions. 
The Petitioner has established by a preponderance of the evidence that the Beneficiary served as a 
manager in India and that he will continue to serve as a manager in the United States. We will therefore 
sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter of N-T-, Inc., ID# 6348426 (AAO Oct. 18, 20109) 
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