sustained EB-1C Case: Retail

U.S. Citizenship 
and Immigration 
Services 
InRe : 14517337 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date: JAN. 25, 2021 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner , a company selling fine porcelain and crystal, seeks to permanently employ the 
Beneficiary as its chief executive officer in the United States under the first preference immigrant 
classification for multinational executives or managers . Immigration and Nationality Act (the Act) 
section 203(b)(l)(C), 8 U.S.C. § 1153(b)(l)(C). 
The Director of the Nebraska Service Center denied the petition concluding the record did not 
establish, as required, that the Beneficiary would be employed in the United States in a managerial or 
executive capacity. Further, the Director determined the Petitioner did not demonstrate that the 
Beneficiary had been employed in a managerial or executive capacity in his former position abroad. 
On appeal, the Petitioner contends that the submitted evidence demonstrates that the Beneficiary 
would be employed in a position supervising subordinate managers and professionals and that he 
would oversee an essential function of the company in the United States. The Petitioner further asserts 
that the Beneficiary acted in a similar role abroad prior to his entry into the United States as a 
nonimmigrant in 2014. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary would 
more likely than not act in a managerial capacity in the United States. The Petitioner submitted a 
detailed and credible duty description for the Beneficiary in the United States indicating he would be 
primarily engaged in qualifying managerial tasks overseeing vice presidents supervising subordinate 
sales representatives around the country. The submitted evidence also sufficiently establishes that the 
Beneficiary would have the authority to hire, fire, and take other personnel actions with respect to 
these subordinate vice presidents and indicates that he would exercise discretion over the day-to-day 
operations of the company. Further, the provided evidence demonstrates that the subordinate vice 
presidents and sales representatives more likely than not primarily relieve him from performing non­
qualifying operational level tasks. As such, the evidence demonstrates that the Beneficiary would 
qualify as a personnel manager in the United States. 8 C.F.R. § 204.5(j)(2) . 
In addition, the Petitioner has sufficiently established that the Beneficiary more likely than not acted 
as a function manager in his former position abroad as "U.S . Country Manager." The Petitioner has 
submitted a detailed and credible duty description for this former position abroad indicating that the 
Beneficiary was responsible for overseeing an essential function of the foreign company's operations; 
namely, its sales subsidiary based in the United States. The Petitioner submitted documentation 
demonstrating that the Beneficiary hired and oversaw vice presidents and sales representatives within 
his function and the evidence sufficiently demonstrates that he exercised full discretionary authority 
over it. In sum, the submitted evidence credibly demonstrates that the Beneficiary more likely than 
not devoted a majority of his time to qualifying managerial tasks in his former position abroad as a 
function manager. Therefore, the Petitioner sufficiently established that the Beneficiary acted in a 
managerial capacity abroad. Matter of G- Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017) 
In visa petition proceedings, it is the petitioner's burden to establish eligibility for the immigration 
benefit sought. Section 291 of the Act, 8 U.S.C. § 1361. The Petitioner has met that burden. 
ORDER: The appeal is sustained. 
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