sustained EB-1C Case: Talent Management Recruitment

U.S. Citizenship 
and Immigration 
Services 
In Re: 19810637 
Appeal of Nebraska Service Center Decision 
Non-Precedent Decision of the 
Administrative Appeals Office 
Date : JAN. 05, 2022 
Form 1-140, Petition for Multinational Managers or Executives 
The Petitioner , describing itself as a talent management recruitment company, 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 . 1 
On appeal, the Petitioner contends the Director overlooked submitted evidence indicating that the 
Beneficiary was, and has been, employed in an executive capacity overseeing its entire organization 
both in the United States and abroad . 
Upon de nova review, we conclude that the record is sufficient to establish that the Beneficiary would 
more likely than not act in an executive capacity in the United States. The Petitioner submitted a 
detailed and credible duty description for the Beneficiary in the United States indicating that he would 
be primarily engaged in qualifying executive-level tasks overseeing a management-level principal 
supervising subordinate professional recruitment consultants. Likewise, the submitted evidence 
credibly demonstrates that the Beneficiary would also have executive-level authority over the foreign 
employer while employed as the chief executive of the Petitioner and that he would delegate to 
subordinate management level principals abroad while employed in the United States. 
As such, the submitted evidence sufficiently establishes that the Beneficiary would act in an elevated 
position within the company's U.S. and foreign organizations and that he would be primarily engaged 
in directing the management and establishing the broad goals and policies of the organization. Further, 
the provided evidence demonstrates that the Beneficiary's subordinate principals, and their 
subordinates, would 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 an 
executive in the United States . Section 101(a)(44)(B) of the Act. 
1 U.S. Citizenship and Immigration Services records reflect that the Beneficiary was admitted to the United States based 
on a non-immigrant E-2 treaty investor visa in September 2018. 
In addition, the Petitioner has sufficiently established that the Beneficiary was more likely than not 
employed as an executive in his former position abroad as chief executive officer. The provided 
evidence reflects that the Beneficiary's former role abroad was largely identical to his proposed role 
in the United States. The Petitioner submitted a detailed and credible duty description for this former 
position abroad indicating that the Beneficiary was responsible for overseeing subordinate 
management, including a practice leader and two principals who supervised the foreign employer's 
recruitment consultants. In sum, the submitted evidence credibly demonstrates that the Beneficiary 
more likely than not devoted a majority of his time to qualifying executive-level tasks in his former 
position abroad as chief executive officer. Therefore, the Petitioner sufficiently established that the 
Beneficiary acted in an executive capacity abroad. Id. 
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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