sustained EB-1C Case: Software Development

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-S-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: SEPT. 6, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a provider of sophisticated software development and technology services, seeks to 
permanently employ the Beneficiary as a "Senior Delivery Manager" 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). 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 of the Nebraska Service Center denied the petition, concluding that the record did not 
establish, as required, that the Beneficiary was employed in a managerial or executive capacity in his 
two former positions abroad. 
On appeal, the Petitioner emphasizes that the Beneficiary worked in two distinct positions abroad for 
the foreign employer in the three years prior to his entry as a nonimmigrant, the first as an 
"Architect /GTM Partner" from February 2014 to November 2014 and later as a senior delivery 
manager abroad from December 2014 to April 2015. The Petitioner contends that in the fonner 
position the Beneficiary qualified as a function manager overseeing an essential function of the foreign 
employer, and that in his latter position abroad he qualified as a personnel manager supervising 
subordinate managers and professionals. 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary more 
likely than not acted in a managerial capacity in both of his former positions abroad. First, the 
Petitioner has sufficiently established that the Beneficiary acted as a function manager in his role 
abroad as an "Architect /GTM Partner." The Petitioner submitted detailed duty descriptions for this 
position, including an expanded duty description on appeal further specifying the percentages of time 
the Beneficiary devoted to each of his tasks abroad. These duty descriptions indicate that the 
Beneficiary more likely than not devoted his time to qualifying managerial tasks and that he delegated 
non-qualifying operational tasks to the various teams he worked with in carrying out his function. The 
Petitioner further submitted supporting documentation that the Beneficiary was tasked with and 
formulated a "Go-to-Market " strategy specific too the company's "BFSI" and "Telecom and Media" 
business units accounting for 16% of the company's revenue and that he was afforded significant 
discretionary authority to carry out this essential function across various teams. As such, the evidence 
Matter of P-S-, Inc. 
sufficiently demonstrates that the Beneficiary primarily performed the duties of a function manager in 
his initial position with the foreign employer. 
In addition, the Petitioner has provided sufficient evidence to establish that the Beneficiary acted as a 
personnel manager in the senior delivery manager position he was promoted to abroad. Again with 
respect to this position, the Petitioner submitted detailed duty descriptions, including an expanded duty 
description on appeal further specifying the percentages of time he devoted to each of his tasks abroad. 
In addition, the evidence demonstrates that the Beneficiary's department included over 50 
professionals, including several subordinate supervisors and that his department was tasked with 
managing services provided to one of its larger clients I I The submitted evidence also 
sufficiently establishes that the Beneficiary had the authority to hire, fire, and take other personnel 
actions with respect to the members of his department and indicates that he exercised discretion over 
the day-to-day operations of his department. Further, the provided evidence demonstrates that the 
members of the Beneficiary's departments more likely than not relieved him from primarily 
performing non-qualifying operational level tasks. As such, the evidence establishes that the 
Beneficiary qualified as a personnel manager in his senior delivery manager position abroad. 8 C.F.R. 
§ 204.5(j)(2). 
The totality of the evidence establishes that the Beneficiary was more likely than not employed in a 
managerial capacity in his former positions abroad. 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. 
Cite as Matter of P-S-, Inc., ID# 5350912 (AAO Sept. 6, 2019) 
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