sustained EB-1C Case: Semiconductors

U.S. Citizenship 
and Immigration 
Services 
MATTER OF F-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: FEB.22,2017 
MOTION ON ADMINISTRATIVE APPEALS OFFICE DECISION 
PETITION: FORM I-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a manufacturer of semiconductors, seeks to permanently employ the Beneficiary as a 
quality manager 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 )(1 )(C). This classification allows a U.S. employer to pennanently 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, concluding that the evidence of record 
did not establish that the Beneficiary has been employed abroad, and will be employed in the United 
States, in a managerial or executive capacity. We dismissed the Petitioner's appeal from that decision. 
The matter is now before us on a motion to reopen and a motion to reconsider. On motion, the 
Petitioner submits new evidence and asserts that we did not fully consider the evidence of record. 
We will grant the motion to reopen and sustain the appeal. Because we are granting the motion to 
reopen, the motion to reconsider is moot. 
The Director denied the petition based on findings that the Petitioner did not establish that the 
Beneficiary has been, and will be, employed in a managerial capacity. In our dismissal notice, we 
found that the Petitioner had not provid~d enough information about the Beneficiary's duties, or 
those of hrs subordinates, to meet the statutory elements of managerial capacity as defined at section 
10l(a)(44)(A) ofthe Act, 8 U.S.C. § 110l(a)(44)(A). 
Upon reviewing the new evidence submitted on motion, which includes additional evidence of the 
Beneficiary's duties, his former and current subordinates' duties, and their educational credentials, 
we conclude that the Petitioner has provided sufficient evidence to overcome the grounds for the 
denial of the petition. Specifically, the new evidence establishes that the Beneficiary has been and 
will be primarily performing managerial duties while supervising a staff of subordinate professional 
employees, and his foreign and U.S. positions otherwise meet the elements of"managerial capacity" 
as defined at section 101(a)(44)(A) ofthe Act. 
Matter of F-S-, Inc. 
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 the instant case has 
sustained th~t burden. 
ORDER: The motion to reopen is granted and the appeal is sustained. 
Cite as Matter of F-S-, Inc., ID# 239526 (AAO Feb. 22, 20 17) 
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