sustained EB-1C

sustained EB-1C Case: Loss Adjusting

📅 Date unknown 👤 Company 📂 Loss Adjusting

Decision Summary

The director denied the petition for failing to establish that the beneficiary's employment abroad was in a qualifying managerial or executive capacity. The AAO sustained the appeal, finding that the petitioner provided a detailed job description and organizational chart that persuasively established the beneficiary worked in an executive capacity abroad and will continue to do so in the United States.

Criteria Discussed

Employment Abroad In A Managerial Or Executive Capacity Employment In The U.S. In A Managerial Or Executive Capacity

View Full Decision Text

identifyingdatadeletedto
preventclearlyunwarranted
invasionof personalprivacy
PUBLICCOPY
U.S.Departmentof HomelandSecurity
U.S.CitizenshipandImmigrationServices
AdministrativeAppealsOffice(AAO)
20MassachusettsAve.,N.W.,MS2090
Washington,DC 20529-2090
U.S.Citizenship
and Immigration
Services
DATE: jut 1 0 2012 OFFICE:NEBRASKASERVICECENTER
IN RE:
PETITION: ImmigrantPetitionfor Alien Workerasa MultinationalExecutiveor ManagerPursuant
to Section203(b)(1)(C)of theImmigrationandNationalityAct, 8U.S.C.§ 1153(b)(1)(C)
ONBEHALFOFPETITIONER:
INSTRUCTIONS:
Enclosedpleasefind the decisionof the AdministrativeAppealsOffice in your case. All of the
documentsrelatedto thismatterhavebeenreturnedto theofficethatoriginallydecidedyourcase.Please
beadvisedthatanyfurtherinquirythatyoumighthaveconcerningyourcasemustbemadetothatoffice.
Thankyou,
PerryRhew
Chief,AdministrativeAppealsOffice
www.uscis.gov
Page2
DISCUSSION: TheDirector,NebraskaServiceCenter,deniedthepetitionfor anonimmigrant
visa. ThematterisnowbeforetheAdministrativeAppealsOffice (AAO) on appeal.Theappeal
will besustained.
The petitioner is an "international loss adjusting company," which seeksto employ the
beneficiary as its National Casualty Director. The petitioner endeavorsto classify the
beneficiary as an employment-basedimmigrant pursuantto section 203(b)(1)(C) of the
Immigration and Nationality Act (the Act), 8U.S.C. § 1153(b)(1)(C),as a multinational
executiveor manager.
On September2, 2010,the directordeniedthe petition concludingthat the petitionerfailed to
establishthat the beneficiary'semploymentabroadwas within a qualifying managerialor
executivecapacity.
Uponreviewof therecord,theAAO withdrawsthedirector'sdecisionandsustainstheappeal.The
petitionerprovideda detaileddescriptionof thejob dutiesperformedby the beneficiarywith the
foreigncompany,andprovidedanorganizationalchartindicatingthe subordinatessupervisedby
the beneficiary. The petitionerhaspersuasivelyestablishedthat the beneficiaryworkedin an
executivecapacityabroadandwill workin anexecutivecapacityintheUnitedStates.
In visa petition proceedings,the burdenof proving eligibility for the benefit soughtremains
entirelywith thepetitioner.Section291of theAct, 8 U.S.C.§ 1361.Here,thatburdenhasbeen
met. Accordingly,theappealwill besustained.
ORDER: Theappealis sustained.

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