sustained EB-1C Case: Software Technology

MATTER OF M- CORP. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 29, 2018 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a software, services and internet technology company, seeks to permanently employ 
the Beneficiary as a senior technical account 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. § l 153(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 had been employed abroad in a managerial or executive 
capacity. 
On appeal, the Petitioner states that the Beneficiary was employed by its foreign subsidiary as a 
function manager prior to her transfer to the United States to work for the Petitioner. It submits an 
additional foreign duty description and detailed letter in support of its claim that she primarily 
performed managerial duties associated with her assigned function and delegated most of the 
associated administrative and operational tasks to professional employees. 
Upon de nova review, we conclude that the record now contains sufficient evidence to overcome the 
sole basis for denial. The submitted evidence reflects that the Beneficiary was more likely than not 
employed abroad in a managerial capacity as a function manager who primarily managed the cloud 
services and sales solutions function for a key product within the petitioning organization's Latin 
American operations. 
Although the record indicates that the Beneficiary likely performed some non-managerial duties, the 
Petitioner also provided credible evidence that she had discretionary authority over several teams of 
professionals managing the direct provision of services to various large scale clients in Latin 
America. In addition, the Petitioner explained in detail how the Beneficiary delegated most non­
qualifying tasks associated with the function to professional subordinates throughout the company's 
extensive organizational structure, and how she implemented and coordinated goals, training 
content, and strategies among these professionals in her region. The Petitioner also provided 
detailed, credible explanations of how the Beneficiary exercised discretion over the day-to-day 
operations of the programs and customer relationships she managed, and demonstrated that she 
Matter of M- Corp. 
primarily performed higher-level duties consistent with the statutory definition of managerial 
capacity. See 101(a)(44)(A) of the Act, 8 U.S.C. § 1101(a)(44)(A). 
The totality of the evidence establishes that the Beneficiary more likely than not acted in a 
managerial capacity abroad. 
ORDER: The appeal is sustained. 
Cite as Matter of M- Corp., ID# 1445114 (AAO Aug. 29, 2018) 
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