Challenging USCIS Denial of Multinational Manager Immigrant Petition

The United States is home to an increasing number of multinational companies that sell their products and services in the global marketplace. Under our immigration laws, employment-based visas are available to certain managers or executives of these multinational companies who have worked in either capacity outside of the United States for the time required by law. Multinational companies file petitions with United States Citizenship and Immigration Services (USCIS) on behalf of managers or executives who, if USCIS approves the petitions, may eventually be eligible for permanent residence in the United States.

Plaintiff Bird Technologies Group, Inc. (BTGI) – a multinational company headquartered in Ohio with several U.S. and foreign subsidiaries – challenged the denial of an immigrant petition filed on behalf of a BTGI manager whom BTGI employed in Brazil as a manager for nearly nine years. USCIS denied the petition because BTGI was not incorporated in Brazil, and did not have a subsidiary or affiliate in Brazil. BTGI argued that it need not be incorporated in or have a subsidiary or affiliate in Brazil to petition for a manager 1) BTGI employed abroad directly for the required statutory period, and 2) will continue to employ as a manager in the United States.

Prioritizing the immigration of multinational executives and managers recognizes the need for the United States to remain competitive in an increasingly global economy. BTGI sued to ensure it is permitted to employ a valuable manager who already has experience with the company’s multinational operations, goals, policies, procedures, and operations.

BTGI sought an order vacating the denial and requiring approval of its petition.

After filing suit, USCIS agreed to approve the petition and the parties stipulated to dismissing the suit.

The Council served as co-counsel, with David E. Gluckman of McCandlish Holton, PC, under the Council’s program to encourage business immigration attorneys to file suit to challenge unlawful agency denials of employment-based petitions.