sustained EB-1C Case: Travel Technology
Decision Summary
The initial denial was due to the petitioner's failure to establish that the beneficiary's foreign and proposed positions were in a managerial capacity. The appeal was sustained because the petitioner submitted new, sufficient evidence, including a comprehensive job description, which demonstrated that the beneficiary acted as a 'function manager' responsible for an essential function, rather than performing non-managerial duties.
Criteria Discussed
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U.S. Citizenship
and Immigration
Services
MATTER OF A-N-A-, INC.
APPEAL OF TEXAS SERVICE CENTER DECISION
Non-Precedent Decision of the
Administrative Appeals Office
DATE: OCT. 18, 2018
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER
The Petitioner, a provider of technology solution services in the travel industry, seeks to permanently
employ the Beneficiary as its car distribution solutions manager under the first preference immigrant
classification for multinational executives or managers. See Immigration and Nationality Act (the
Act) section 203(b )(1 )(C), 8 U .S.C. Β§ 1153(b )(1 )(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. Β·
The Director of the Texas Service Center denied the petition, concluding that the Petitioner did not
establish, as required, that the Beneficiary's employment abroad and his proposed employment with
the U.S. entity qualify as pos_itions that are in a managerial capacity.
On appeal, the Petitioner acknowledges that its prior submissions in response to the request for
evidence did not properly address the noted deficiencies; it therefore now offers new information
about the Beneficiary's foreign and proposed positions 'to demonstrate that the Beneficiary has and
would continue to assume the role of a function manger. 1 Namely, the Petitioner provides a
comprehensive job description, which lists the Beneficiary's respective job duties in his foreign and
proposed positions and explains how the Beneficiary functioned and would function at a senior level
with respect to the essential function he managed abroad and would manage in the United States.
The job description also identifies the teams of employees who were and would be responsible for
carrying out the underlying job duties associated with the Beneficiary's essential functions and
quantifies the time that the Beneficiary actually spent and would spend on non-managerial tasks that
peΒ·rtain to the essential functions. In addition, the Petitioner provides evidence to show that both it
and the Beneficiary's foreign employer are part of a large organization that has multiple working
teams and a robust and developed organizational hierarchy which adequately supported and would
support the Beneficiary in his respective positions.
1 The tenn "function manager" applies generally when a beneficiary does not supervise or control the work of a
subordinate staff but instead is primarily responsible for managing an "essential function" within the organization. See
section I0l(a){44)(A)(ii) of the Act.
Matter of A-N-A-. Inc.
In sum, the Petitioner has provided sufficient evidence to establish that the Beneficiary has and
would continue to focus primarily on tasks that are directly associated with managing an essential
function rather than performing the underlying non-managerial duties of that function.
Upon de novo review, we find that the Petitioner has overcome the Director's decision. Therefore,
we will sustain the appeal.
ORDER: The appeal is sustained.
Cite as Matter ofA-N-A-, Inc., ID# 1668600 (AAO Oct. 18, 2018)
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