sustained EB-1C Case: Travel Technology

U.S. Citizenship 
and In1n1igration 
Services 
MATTER OF M-, INC. 
Non-Precedent Decision of the 
Administrative Appeals Office 
DATE: MAR. 14, 2019 
APPEAL OF NEBRASKA SER VICE CENTER DECISION 
PETITION: FORM 1-140, IMMIGRANT PETITION FOR ALIEN WORKER 
The Petitioner, a travel and technology solutions company, seeks to permanently employ the 
Beneficiary as its director of revenue management under the first preference immigrant classification 
for multinational executives or managers. 1 See 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 Petitioner did 
not establish, as required, that the Beneficiary was employed abroad and would be employed in the 
United States in a managerial capacity. The Director noted that the Petitioner did not identify the 
"actual qualifying employees" who performed the underlying duties of the revenue management 
function abroad and who would perform those duties during the Beneficiary's proposed U.S. 
employment. The Director also found that the Petitioner did not adequately explain the 
Beneficiary's essential function or establish that he occupied and would continue to occupy a 
position that is at a senior level with respect to that function. 
On appeal, the Petitioner contends that the Director did not properly apply the reasoning stated in 
Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016), where we determined that a 
beneficiary's position must be considered within the wider "qualifying organization." The Petitioner 
compares the facts and circumstances in this matter to those in the cited decision, asserting that in his 
role as function manager the Beneficiary relies on individuals who are employed by related entities 
to carry out the underlying duties of the revenue management function. 
The Petitioner also asserts that it meets the criteria in Matter ofG-Inc., Adopted Decision 2017-05 
(AAO Nov. 8, 2017). It offers additional information that more clearly defines the Beneficiary's 
revenue management function, establishes the essential nature of that function, and lists individuals 
within its related entities who actively carried out and would continue to carry the underlying duties 
of the function. The Petitioner provides further evidence demonstrating that the Beneficiary has and 
1 The record shows that the Beneficiary is currently in the United States based on an approved nonimmigrant petition 
filed by this Petitioner; his status as an L-1 A nonimmi grant is valid from January 2, 2017 to January 1, 2020. 
Matter ofM-, Inc. 
would continue to have discretionary authority that corresponds with a senior position with respect 
to the revenue management function. 
Upon de nova review, we find that the Petitioner has correctly pointed to errors in the Director's 
analysis, which does not adequately consider the wider "qualifying organization" and those who, 
while not employed by the Beneficiary's specific employer, are part of that "qualifying 
organization" and who have supported and would continue to support the Beneficiary's critical role 
in managing the essential revenue management function. We also find that the Petitioner has 
supplemented the record with sufficient evidence that clearly defines the Beneficiary's role with 
respect to an essential function and establishes that the Beneficiary will be relieved from having to 
primarily devote his time to performing non-managerial tasks of that function. In sum, we find that 
the Petitioner has overcome the grounds for denial. Therefore, we will sustain the appeal. 
ORDER: The appeal is sustained. 
Cite as Matter ofM-, Inc., ID# 2418436 (AAO Mar. 14, 2019) 
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