sustained
EB-1C
sustained EB-1C Case: Medical Equipment Manufacturing
Decision Summary
The appeal was sustained because the petitioner submitted new evidence, including payroll records, organizational charts, and detailed job descriptions. This additional evidence was sufficient to overcome the Director's initial findings and establish that the beneficiary's past foreign employment and proposed U.S. employment were both in a qualifying managerial or executive capacity.
Criteria Discussed
Qualifying Managerial Or Executive Capacity (U.S. Position) Qualifying Managerial Or Executive Capacity (Foreign Position)
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U.S. Citizenship and Immigration Services MATTER OF RPBS-, LLC Non-Precedent Decision of the Administrative Appeals Office DATE: FEB. 12,2016 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a manufacturer and exporter of respiratory equipment, seeks to employ the Beneficiary in the United States as Product and Certifications Manager under the multinational manager or executive immigrant classification. See 203(b )(1 )(C) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b )(1 )(C). The Director, Nebraska Service Center, denied the petition. The matter is now before us on appeal. Upon de novo review, we will sustain the appeal. The Director concluded that the Petitioner had not submitted sufficient evidence to establish that the U.S. entity would employ the Beneficiary in a qualifying managerial or executive capacity or that the Beneficiary's employment with the foreign entity was in a qualifying managerial or executive capacity. On appeal, the Petitioner submits a legal brief and supporting materials, including payroll records and job descriptions for subordinate employees, organizational charts, and a detailed list of job duties for each position. Upon reviewing the entire record of proceeding as supplemented by the Petitioner's submission on appeal, we conclude that the record now contains sufficient evidence to overcome the basis for the Director's decision. Specifically, the totality of the evidence now establishes that the Petitioner provided reliable, probative evidence sufficient to establish that the Beneficiary's intended employment in the United States will be in a qualifying managerial or executive capacity and that his previous employment with the foreign entity was also in a qualifying managerial or executive capacity under section 203(b)(l)(C) of the Act. 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 this case has met that burden. ORDER: The appeal is sustained. Cite as Matter of RPBS-, LLC, ID# 15596 (AAO Feb. 12, 2016)
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