sustained EB-1C Case: Information Technology

U.S. Citizenship 
and Immigration 
Services 
In Re : 15383626 
Appeal of Texas Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : FEB. 3, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner , an IT company with a 58-person staff, seeks to permanently employ the Beneficiary 
as its "Manager, Application Development" under the first preference immigrant classification for 
multinational executives or managers. See Immigration and Nationality Act (the Act) 
section 203(b)(l)(C), 8 U.S.C. § l 153(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 Petitioner did not 
establish, as required, that the Beneficiary was employed abroad and would be employed in the United 
States in a managerial capacity. With regard to the proposed employment, the Director found that the 
Beneficiary's subordinate employees' job descriptions were brief and did not align with the 
Petitioner's organizational chart . Further , the Director rejected the Petitioner's claim that the 
Beneficiary's foreign and proposed positions are comprised of personnel and function management 
duties and relied on the criteria of a function manager as the basis for concluding that the Beneficiary's 
personnel management duties are not relevant to a determination of whether the Beneficiary was 
employed abroad and would be employed in the United States in a managerial capacity. 
On appeal, the Petitioner contends that the Director incorrectly disregarded and mischaracterized the 
Beneficiary's personnel management job duties , arguing that the Beneficiary bas and will continue to 
primarily perform those duties in the course of managing the application development component 
within the foreign and U.S. entities. Further , by elaborating on the Beneficiary's foreign and proposed 
job duties and clarifying information about the Beneficiary's subordinate "Team Leads," the Petitioner 
adequately addresses the Director 's concern regarding a perceived inconsistency between the 
Petitioner's organizational chart and the Beneficiary's U.S . job description . The Petitioner also 
highlights the Beneficiary's discretionary authority and the respective staffing hierarchies surrounding 
his foreign and proposed positions, noting that the Beneficiary has and would continue to be 
subordinate only to the top-most manager within the foreign and U.S . entities and that the 
Beneficiary's respective positions hinge on his management of teams comprised of supervisory and 
professional employees who are tasked with carrying out the underlying software development tasks 
of the component that the Beneficiary managed abroad and would manage in his proposed position. 
Upon de nova review, we conclude that on appeal the Petitioner adequately addressed the Director's 
concerns and provided sufficient evidence clarifying that the Beneficiary's foreign and proposed 
positions are primarily those of a personnel manager and that the Beneficiary has and would continue 
to perform those personnel management duties in the course of managing the software application 
development process of the employing entity. The Petitioner also provided sufficient evidence 
demonstrating the Beneficiary's discretionary authority and top-most placement within the respective 
hierarchies of the U.S. and foreign entities. 
In sum, the Petitioner provided sufficient evidence and established by a preponderance of the evidence 
that the Beneficiary was and would more likely than not be employed in a managerial capacity. 
Therefore, we will sustain the appeal. 
ORDER: The appeal is sustained. 
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