sustained EB-1C Case: Manufacturing

MATTER OF A-P-, LLC 
Non-Precedent Decision of the· 
Administrative Appeals Office 
DATE: FEB. 13, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a bottle manufacturer, seeks to permanently employ the Beneficiary as a senior 
operations manager under the first preference immigrant classification for multinational executives 
or managers. Immigration and . Nationality Act (the Act) section 203(b)(1 )(C), 8 U.S.C. 
§ l l 53(b )(l)(C). This classification allows a U.S. employer to permanently transfer a qualified for.eign 
employee to the United States to work in an executive or managerial capacity. 
The Director of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary has been employed abroad, and will be employed in the 
United States, in a managerial or executive capacity. · 
On appeal, the Petitioner asserts that the · Director erred by requiring evidence and information 
beyond what the regulations require. 
Upon de nova review, we will sustain the appeal. 
The Director found that the job descriptions for the foreign and U.S. positions lacked specificity. On 
appeal, the Petitioner establishes that the Beneficiary's past position abroad, and his intended 
position in the United States, both meet the ·requirements of a managerial capacity. (The duties of 
both positions are broadly similar.) The Petitioner establishes that the Beneficiary ''is one of the top 
five senior managers in an organization of close to 1000 employees." The organization shown in the 
record is sufficiently complex to warrant managerial oversight, and the Petitioner has shown that the 
Beneficiary is not simply a first-line supervisor of non-professional employees. The Petitioner has 
outlined the various processes undertaken at the Petitioner's _manufacturing plants, and established 
that the Beneficiary· holds a high rank and wide-ranging responsibility in a multi-layered 
organizationa_l hierarchy that oversees a plant's administrative and operational activities. 
ORDER: The appeal is sustained . 
. Cite as Matter of A-P-, LLC, ID# 2091140 (AAO Feb. 13, 2019).·