CASE: I-140 (EB-1C Category: Executives and Managers of Multinational Organizations)
EMPLOYER: Multinational Tire Corporation
BENEFICIARY: Korean
LOCATION: Akron, Ohio
Our client is an Engineering Manager of a multinational tire corporation in Ohio. He is from South Korea. He has worked for Petitioner’s parent company for more than 20 years in positions of increasing responsibility including that of Tire Development team manager. He came to the United States in March 2020 with an E-2 visa to work for current petitioner company (wholly-owned subsidiary of his previous employer). He contacted our firm in April 2020 and discussed us his chances of getting a green card. Based on our client’s education and work background and his current position at the worksite, our office determined that he was eligible for the EB-1C classification for his I-140 petition. Our client eventually retained us for his I-140 and subsequent I-485 adjustment of status application.
An employer can petition for its foreign employee under INA § 203(b)(1)(C) if it demonstrates the following: (C) Certain multinational executives and managers – An alien is described in this subparagraph if the alien, in the 3 years preceding the time of the alien’s application for classification and admission into the United States under this subparagraph, has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and the alien seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.
According to the INA §101(a)(44), 8 U.S.C. §1101(a)(44) and 8 C.F.R §204.5(j)(2), “executive capacity” means an assignment in an organization in which the employee primarily: (1) Directs the management of the organization or a component or function; (2) Establishes goals and policies; (3) Exercise wide latitude in discretionary decision making; and (4) Receives only general supervision or direction from higher level executives, board of directors or stockholders.
Also, above the mentioned statutes define “managerial capacity” as an assignment with the organization in which the employee personally: (1) Manages the organization, department, subdivision, function or component; (2) Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization; (3) Has authority to hire and fire or recommend personnel actions (if another directly supervises employees), or if no direct supervision, functions at a senior level; and (4) Exercises discretion over day-to-day operations of the activity or function.
After our office was retained, we prepared a thorough cover letter and obtained all necessary supporting documents from our client and the petitioning company. In our brief, we clearly demonstrated that our client met the requirements set forth in the INA §203(b)(1)(C). First, the prospective U.S. employer (Petitioner-Company) has been doing business for at least 1 year. Second, the prospective employer (Petitioner) in the United States is the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity by which the alien was employed abroad. Third, if the worker is already employed in the United States, he or she was employed outside the United States for at least 1 year in the 3 years preceding admission as a non-immigrant in an executive or managerial capacity by the petitioner or by its parent branch, subsidiary, or affiliate. Last, the alien is to be employed in the United States in a managerial or executive capacity.
In this case, the Petitioner-company has been doing business for 29 years in the United States. In addition, Petitioner-Company is the wholly-owned subsidiary of its Korean parent company where our client was employed for more than 20 years. Moreover, our client was employed outside the U.S. for at least 1 year in the 3 years preceding admission as a non-immigrant in an Executive or Managerial Capacity by the Petitioner’s parent company in South Korea. Our client served as a team manager and later became senior manager for the parent company. He personally supervised and controlled the work of other researchers and engineers for new types and models of tire developments, and was primarily responsible for the company’s various new tires. Lastly, our client is to be employed in the United States as an Engineering Manager for the petitioner.
On the application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), an organization chart, and a dispatch order. Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea. The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the approval for overseas investment, a copy of the annual report and consolidated financial statements. The I-140 Petition was filed on September 24, 2020.
However, on January 6, 2021, the USCIS Nebraska Service Center issued a Request for Evidence (RFE). The RFE letter requested our client to demonstrate the qualifying relationship between the parent company in South Korea and his current employer. Moreover, the USCIS requested our client to show whether he met the requirement of “one year managerial or executive position abroad.”
On the RFE response application package, we included a detailed job offer letter, employment verification letter from our client’s previous employer (parent company), and an organization chart. Also, we included evidence regarding the relationship between the Petitioner-Company and its Parent company in South Korea. The evidence included a copy of the certificate of ownership, a copy the business registration certificate, a copy of the tax records, etc. Our office filed the Response to RFE on March 24, 2021. Eventually, on April 20, 2021, the I-140 petition was approved. Now, our client can file the I-485 adjustment of status application based on the approved I-140 petition.