sustained EB-1C Case: Shipping

U.S. Department of £lomeland Security 
20 Mass. Ave., N.W., Rm. 3000 
Washington, DC 20529 
U.S. Citizenship 
and Immigration 
Services 
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 : 
This is the decision of the Administrative Appeals Office in your case. All documents have been returned to 
the office that originally decided your case. Any further inquiry must be made to that office. 
Robert P. Wiemann, Chief 
Administrative Appeals Office 
Page 2 
DISCUSSION: The preference visa petition was denied by the Director, Nebraska Service Center. The 
matter is now before the Administrative Appeals Office (AAO) on appeal. The decision of the director will be 
withdrawn and the appeal will be sustained. 
The petitioner is a multinational corporation operating in the United States as a shipping and cruise agent. 
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. 5 1153(b)(l)(C), as a 
multinational executive or manager. In denying the petition, the director found that the petitioner failed to 
establish: 1) that the beneficiary was employed abroad in a qualifying managerial or executive capacity; and 
2) that the beneficiary would be employed in the United States in a qualifying managerial or executive 
capacity. 
On appeal, counsel submits an appelIate brief disputing the director's findings as well as additional 
documentation regarding the beneficiary's position within the petitioning organization and the organization's 
structural make-up. Upon review, the AAO concludes that the director's decision should be withdrawn and 
the appeal sustained. 
While the director was correct in placing great emphasis on the descriptions of the beneficiary's duties with 
the foreign and U.S. entities, this element must be reviewed in light of a comprehensive analysis of other 
relevant factors, including the overall organizational structure, which in the present matter is complex with a 
number of managerial tiers, as well as the beneficiary's position with respect to others within each given 
entity. Proper consideration of all three factors strongly indicates that each entity is widely staffed with 
individuals who are assigned to perform the daily non-qualifying tasks of each entity. 
Despite any shortfalls in the beneficiary's job descriptions, the information provided is sufficient to meet the 
preponderance of the evidence standard that the beneficiary was probably employed abroad and would more 
likely than not be employed in the United States in a qualifying managerial or executive capacity. See section 
10 1 (a)(44)(A) 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. 9 1361. The petitioner in the instant case has sustained that 
burden. 
ORDER: The appeal is sustained.