sustained EB-1C Case: Payroll Management

(b)(6)
) . \ 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 
DATE: MAR \ 2 20\3 . OFFICE: NEBRASKA SERVICE CENTER . FILE: 
INRE: Petitioner: 
Beneficiary: 
PETITION: Immigrant Petition for 
Alien Worker as a Multinational Executive or Manager Pursuant 
to Section 203(b)(l)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(l)(C) 
ON BEHALF OF PETITIONER: 
INSTRUCTIONS: 
Enclosed please find the decision of the Administrative Appeals Office in your case. All of the 
doduments related to this matter have been returned to the office that originally decided your case. Please . 
be advised thatany further inquiry that you might have concerning your· case must be made to that office. 
Thank you, 
f- Ron Rosenberg . . . · 
Acting Chief, Administrative Appeals Office 
www.uscis.gov 
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DISCUSSION:· The preference visa petition was· denied by the Director, Nebraska Service 
Ceriter. The matter is now before the Administrative Appeals Office (AAO) on appeal. The 
appeal will be sustained. 
The petitioner, .a payroll management company, seeks to employ the beneficiary in the position 
of general manager. Accordingly, the petitioner endeavors to classify the · beneficiary as · an 
employment-based immigrant pursuant to section 203(b)(l)(C) of the Immigration and 
Nationality Act (the Act), 8 U ~ S.C. § 1153(b)(l)(C), ~sa multinational executive or manager. 
On 
March 12, 2012, the director denied the petition concluding that the petitioner failed to establish 
that the petitioner has a qualifying relationship with the beneficiary's foreign employer. 
On appeal, counsel disputes the director's findings and provides an appellate brief laying out the 
grounds for challenging the denial. · 
Section 203(b) of the Act states in pertinent part: 
(1) Priority Workers. -- Visas shall first be 111ade 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 1 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 language of the statute is specific in limiting this provision to only those executives and 
managers who have previously worked for a firm, corporation or other legal entity, or an affiliate 
or subsidiary of that entity, and who are coming to the United States to work for the same entity, 
or its affiliate or subsidiary. 
A United States employer may file a petition · on Form 1-140 for classification of an alien under 
section 203(b)(1)(C) of the Act as a multinational executive or manager. No labor certification is 
required for this classification. The prospective employer in the United States must furnish a job 
offer in the form of a· statement which indicates that the alien is to be employed in the United 
States in a managerial or executive capacity. Such a statement.must clearly describe the duties to 
be performed by the alien. 
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The sole issue addressed by the director is whether the petitioner has established that it has a 
qualifymg relationship with the beneficiary's overseas employer. · To establish a "qualifying 
relationship" under the Act and the regulations, the petitioner must show that the beneficiary's 
foreign employer and the proposed U.S. employer are .the same employer (i.e. a U.S. entity with 
a foreign. office) or related as a "parent and subsidiary" or as "affiliates." See generally 
§ 203(b)(l)(C) of the Act, 8 U.S.C. § 1153(b)(l)(C); see also 8 C.F.R. § 204.5(j)(2) (providing 
definitions of the terms "affiliate" and "subsidiary"). · · · 
The petitioner has consistently claimed that it has an affiliate relationship with . the beneficiary's 
former Canadian employer, ·a division of __1 based on 
ultimate ownership by the same.parent, a publicly-traded U.S. company. 
Upon review of the record, the AAO withdraws the director's decision and sustains the appeal. The 
petitioner has provided sufficient documentation including stock certificates, articles of 
incorporation, annual reports, corporate minutes, corporate organizational charts and tax records to 
evidence the qualifying relationship between the petitioner and the beneficiary's foreign employer.· 
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.Here, that burderi has been 
met. Accordingly, the appeal will be sustained . 
ORDER: The appeal is sustained. 
. ..