Manager

The Director denied the petition because the Petitioner omitted crucial initial evidence, including proof of the U.S. job offer, qualifying relationship, ability to pay, foreign employment duration, and continuing foreign operations, and failed to respond to the RFE. The AAO dismissed the appeal because it did not challenge the Director's findings. The motion to reopen was dismissed because it did not challenge the AAO's summary dismissal and the new evidence provided did not remedy the original denial grounds or constitute the required initial evidence for EB-1C eligibility.

The motion to reopen was dismissed because the Petitioner failed to establish that the Beneficiary would direct the management of the U.S. organization or a major component/function thereof, a key requirement for executive capacity under EB-1C. The Petitioner did not provide sufficient information about subordinate staff to demonstrate a management structure warranting executive supervision, and evidence like organizational charts, employee numbers, and payroll records contained material inconsistencies and lacked credibility. Although a qualifying relationship was established, it did not alter the outcome due to the unresolved executive capacity issue.

The motion to reconsider was dismissed because the Petitioner failed to establish that the Beneficiary would primarily perform managerial duties, either as a personnel manager or a function manager. For a personnel manager, the Beneficiary had only one direct subordinate, and evidence suggested a small portion of time was spent supervising this individual, with many stated duties being non-managerial operational tasks. The Petitioner did not provide supporting documentation to substantiate personnel authority, delegation of non-qualifying tasks, or wages paid to claimed subordinates. For a function manager, the Petitioner did not sufficiently substantiate that the Beneficiary would be primarily engaged in managing an essential function rather than performing it, with the Beneficiary still responsible for several apparent non-qualifying operational duties. The AAO concluded it was more likely the Beneficiary was performing non-qualifying operational tasks himself or alongside subordinates, thus not meeting the EB-1C criteria for managerial or executive capacity.