sustained
EB-1C
sustained EB-1C Case: Wireless Communication
Decision Summary
The Director initially denied the petition due to a perceived inconsistency in the description of the Beneficiary's foreign job duties, concluding he was not employed in a managerial capacity. The appeal was sustained because the Petitioner provided sufficient evidence to demonstrate the Beneficiary served as a 'function manager,' clarifying his duties, the critical nature of the function he managed, and the role of his subordinates, thereby establishing he was primarily engaged in managerial tasks.
Criteria Discussed
Managerial Capacity Function Manager
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U.S. Citizenship - and· Immlgtatlon Services MATTER OF Q-T-, INC. Non-Precedent Decision of the Administrative Appeals Office DA TE: FEB. 26, 2019 APPEAL OF NEBRASKA SERVICE CENTER DECISION PETITION: FORM-I-140, IMMIGRANT PETITION FOR ALIEN WORKER The Petitioner, a wireless communication company, seeks to permanently employ the Beneficiary as a staff engineer under the first preference immigrant classification for multinational executives or managers. See 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 Petitioner did not establish, as required, that the Beneficiary's· employment abroad qualifies as a position in a managerial capacity .. The Director pointed to a previously approved second-preference visa petition and determined that the Petitioner offered an inconsistent description of the Beneficiary's foreign job duties when filing the current first-preference visa petition. · On appeal, the Petitioner offers additional information about the Beneficiary's foreign position to demonstrate that the Beneficiary was employed abroad as a function m.anger. 1 Namely, the Petitioner provides a comprehensive job description listing the Beneficiary's job duties in his foreign position, explains how the Beneficiary's function was critical within the scope of the products and services Qffered by the foreign entity, and clarifies the role of subordinates who performed the underlying duties of that function. The Petitioner also addresses the Director's concerns regarding the differences in the job descriptions offered in support of the current and previously filed immigrant petitions demonstrating that there is no inconsistency. · Lastly, the Petitioner provides evidence showing that the Beneficiary's foreign employer is part of a large organization that has multiple working teams and a robust and developed organizational hierarchy which adequately supported the Beneficiary in his position abroad. 1 The tenn "function manager" applies generally when a beneficiary does not primarily 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 Q-T-, Inc. In sum, the Petitioner has provided sufficient evidence to establish that the Beneficiary focused primarily on tasks that are directly associated with managing a:n essential function rather than performing the underlying hon-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.of Q-T-, Inc., ID# 2151277 (AAO Feb. 26, 2019) 2
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