sustained
EB-1C
sustained EB-1C Case: Real Estate Management
Decision Summary
The initial denial was based on the lack of a qualifying relationship between the U.S. petitioner and the foreign employer, a finding that was later withdrawn. The Director denied the petition a second time, concluding the beneficiary's U.S. employment was not in a qualifying managerial or executive capacity. The AAO sustained the appeal, finding that the record now contained sufficient evidence to overcome the Director's adverse decision.
Criteria Discussed
Qualifying Relationship Managerial Or Executive Capacity
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MATTER OF K-H-M- LLC Non-Precedent Decision of the Administrative Appeals Office DATE: FEB. 16,2017 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a commercial real estate management firm, seeks to permanently employ the Beneficiary as its vice president of finance 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 an executive or managerial capacity. The Director, Nebraska Service Center, denied the petition, finding that the evidence of record did not establish a qualifying relationship between the Petitioner and the Beneficiary's foreign employer. The Petitioner appealed that decision, and we withdrew that finding and remanded the petition for a new decision. The Director again denied the petition, concluding that the Petitioner did not establish that the Beneficiary's employment with the Petitioner from 2007 to 2012 was in a qualifying managerial or executive capacity. The matter is now before us on appeal. On appeal, the Petitioner submits a brief disputing the denial and addressing the Director's adverse findings. The Petitioner also submits an organizational chart and a copy of a previously submitted letter from a company official. Upon de novo review, we will sustain the appeal. We conclude that the record now contains sufficient evidence to overcome the basis for the Director's decision. The petition will be approved and the appeal sustained for the above reason. In visa petition proceedings, the burden of proving eligibility for the benefit sought remains with the petitioner. Section 291 ofthe Act, 8 U.S.C. § 1361. Here, the Petitioner has met that burden. ORDER: The appeal is sustained. Cite as Matter of K-H-M- LLC, ID# 96324 (AAO Feb. 16, 2017)
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