sustained EB-1C Case: Technology

U.S. Citizenship 
and Immigration 
Services 
MATTER OF P-W- LLC 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: AUG. 26, 2019 
APPEAL OF NEBRASKA SERVICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a design, user interface, and technology company, seeks to pennanently employ the 
Beneficiary as "Director of Strategy" 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 would be employed in the United States in a managerial or 
executive capacity. In denying the petition, the Director emphasized that the Petitioner had offered 
different positions for the Beneficiary from the date the petition was filed to its RFE response. The 
Director indicated that the Petitioner had attempted to retroactively establish the Beneficiary's 
eligibility and noted that it must establish all eligibility requirements for the immigration benefit from 
the time of the filing through adjudication. 8 C.F.R. § 103.2(b)(l). 
On appeal, the Petitioner contends that the Director erred in concluding that the Beneficiary's asserted 
position as of the date the petition was filed was substantially different than the position it submitted 
in response to the Director's request for evidence (RFE). The Petitioner acknowledges the change in 
the Beneficiary's position from the date of the petition to its RFE response, indicating that the 
Beneficiary was promoted from the director of strategy to the group director of strategy during the 
time between the date the petition was filed and its RFE response, a period of approximately one year. 
The Petitioner states that the Beneficiary's new position is substantially similar to the position 
presented with the petition. The Petitioner asserts that in these positions the Beneficiary qualified, and 
would qualify, 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 would 
more likely than not act in a managerial capacity in the United States. First, we disagree with the 
Director's detennination that the Petitioner modified the Beneficiary's position in response to the RFE 
in order to establish his eligibility. The Petitioner submitted evidence to demonstrate that it is more 
likely than not that the Beneficiary received a promotion in the one year from the date the petition was 
filed to its timely RFE response. 
Matter of P-W- LLC 
After reviewing both positions held by the Beneficiary, we conclude that the evidence sufficiently 
establishes that he would have acted as a personnel manager as of the date of the petition was filed 
and that he would act in this capacity in his current position under an approved petition. The Petitioner 
submitted detailed duty descriptions for both of the Beneficiary's positions, which are substantially 
similar, indicating that he would be primarily engaged in qualifying managerial tasks overseeing a 
department supporting its second largest client generating approximately $20 million in annual 
revenue. In addition, the evidence demonstrates that the Beneficiary's departments included, and 
would include, several supervisors and professionals. The submitted evidence also sufficiently 
establishes that the Beneficiary had, and would have, the authority to hire, fire, and take other 
personnel actions with respect to the members of his departments and indicates that he exercised, and 
would exercise, discretion over the day-to-day operations of his departments. Further, the submitted 
evidence demonstrates that the members of the Beneficiary's departments more likely than not 
relieved, and would relieve, him from primarily performing non-qualifying operational level tasks. 
As such, the evidence demonstrates that the Beneficiary would qualify as a personnel manager in the 
United States. 8 C.F.R. § 204.5(j)(2). 
The totality of the evidence establishes that the Beneficiary would more likely than not be employed 
in a managerial capacity in the United States. 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-W-LLC, ID# 5213955 (AAO Aug. 26, 2019) 
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