sustained EB-1C Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
MATTER OF 0-N-A, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAY 24, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of metal components, seeks to permanently employ the Beneficiary as 
its "Manager- Die Engineering" 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. § 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 a managerial or executive capacity. 
The Director ofthe Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary would be employed in a managerial capacity. The 
Director pointed to a discrepancy between the original organizational chart and the one the Petitioner 
provided in response to a request for evidence, and found that the Beneficiary's subordinates are not 
professionals. 
On appeal, the Petitioner explains and resolves the discrepancy between two previously submitted 
organizational charts. The Petitioner also points to the Beneficiary's job duties, the job duties and 
credentials of his subordinates, and the complexity of its own organizational structure. The 
Petitioner asserts that sufficient evidence has been provided to meet the preponderance of the 
evidence standard in establishing that the Beneficiary has been and will continue to be employed in a 
managerial capacity. We agree and find that despite the Director's focus on the Beneticiary's role as 
a personnel manager, the record contains sutlicient evidence to show that the proposed position 
places the Beneficiary in the alternative role of a function manager, as he will "continue to manage 
the Die Engineering tunctions" by focusing on the Petitioner's multiple U.S.-based manufacturing 
plants to ensure quality products and customer satisfaction. 
Upon de novo review of the totality of the evidence, we find that the Petitioner has established that 
the Beneficiary would more likely than not be employed in a managerial capacity. Therefore, we 
will sustain the appeal. 
ORDER: The appeal is sustained. 
I 
Cite as Maller of G-N-A. Inc., ID# 1264 707 (AAO May 24, 20 18)