sustained EB-1C Case: Management Consulting

DATE: i,l!i 0 9 2012 
INRE: Petitioner: 
Beneficiary: 
U.S. Department of Homeland Security 
U. S. Citizenship and Immigration Services 
Administrative Appeals Office (AAO) 
20 Massachusetts Ave., N.W., MS 2090 
Washington, DC 20529-2090 
U.S. Citizenship 
and Immigration 
Services 
OFFICE: NEBRASKA SERVICE CENTER 
PETITION: Immigrant Petition for Alien Worker as a Multinational Executive or Manager Pursuant to 
Section 203(b)(I)(C) of the Immigration and Nationality Act, 8 U.S.c. § \ \ 53(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Thank you, 
Perry Rhew 
Chief, Administrative Appeals Office 
www.uscis.gov 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The decision of the director will be 
withdrawn and the appeal will be sustained. 
The petitioner is a multinational corporation operating in the United States as a management consulting fIrm. 
Accordingly, the petitioner endeavors to classify the benefIciary as an employment-based immigrant pursuant 
to section 203(b)(1)(C) of the Immigration and Nationality Act (the Act), 8 U.S.c. § 1 I 53(b)(l)(C), as a 
multinational executive or manager. The director denied the petition based on the determination that the 
petitioner failed to establish that it had been doing business for at least one year prior to filing the Porm I-140. 
8 C.P.R. § 204.5(j)(3)(i)(D). 
On appeal, counsel submits an appellate brief along with supplemental documentation addressing the basis for 
denial. 
Section 203(b) of the Act states in pertinent part: 
(\) Priority Workers. -- Visas shall fIrst be made available ... to qualifIed immigrants who 
are aliens described in any of the following subparagraphs (A) through (C): 
* * * 
(C) Certain Multinational Executives and Managers. -- An alien is described 
in this subparagraph if the alien, in the 3 years preceding the time of the 
alien's application for classifIcation and admission into the United States 
under this subparagraph, has been employed for at least I year by a fIrm or 
corporation or other legal entity or an affIliate or subsidiary thereof and who 
seeks to enter the United States in order to continue to render services to the 
same employer or to a subsidiary or affiliate thereof in a capacity that is 
managerial or executive. 
The AAO has reviewed the record and fInds that the petitioner has submitted sufficient documentation to 
meet the preponderance of the evidence standard, thereby overcoming the sole basis for denial. The AAO 
fInds no other grounds to deny the instant petition. Therefore, the director's decision is hereby withdrawn. 
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 met that burden. 
ORDER: The appeal is sustained.