sustained EB-1C Case: Manufacturing

U.S. Citizenship 
and Immigration 
Services 
In Re: 429062 
Motion on Administrative Appeals Office Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: AUG. 20, 2020 
Form 1-140, Petition for Multinational Manager or Executive 
The Petitioner, a manufacturer of soaps and air fresheners, seeks to permanently employ the 
Beneficiary as its president and chief executive officer 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). 
The Director of the Texas Service Center denied the petition on four separate grounds and denied the 
Petitioner's subsequent motion to reopen and reconsider. The Petitioner then appealed the matter to 
our office. We dismissed the appeal. 
The matter is now before us on a combined motion to reopen and reconsider. A motion to reopen 
must state new facts, supported by documentary evidence, while a motion to reconsider must establish 
that our decision was based on an incorrect application of law or policy based on the evidence in the 
record of proceedings at the time of the decision. 8 C.F.R. § 103.5(a)(2) and (3). We may grant 
motions that meet these requirements and establish eligibility for a requested benefit. 
The petitioner bears the burden of proof to demonstrate eligibility by a preponderance of the evidence. 
Section 291 of the Act; Matter of Chawathe, 25 l&N Dec. 369, 375 (AAO 2010). Upon review of the 
new facts and legal arguments submitted on motion, the Petitioner has met that burden. Accordingly, 
we will grant both motions and sustain the appeal. 
ORDER : The motion to reopen and motion to reconsider are granted. 
FURTHER ORDER: The appeal is sustained.