Date of Decision: January 16, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB1 Extraordinary Ability
Petitioner Information
Profession: Director of Business Development
Field: Business Development
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Evidentiary Criteria Analysis
Criteria Met:
Criterion: Employment Abroad in Managerial Capacity
Description: The petitioner failed to provide sufficient evidence demonstrating that the beneficiary was employed abroad in a managerial capacity. The job duties listed were too broad and lacked specificity.
Criterion: Doing Business in the United States for One Year
Description: The petitioner did not establish that it had been doing business for one year prior to filing the petition. The company’s incorporation and business license dates did not support the claim of continuous business operations for the required period.
Criterion: Qualifying Relationship
Description: The petitioner did not provide consistent and sufficient evidence to demonstrate a qualifying relationship between the U.S. petitioner and the foreign employer.
Criteria Not Met:
Criterion: Detailed Job Duties
Description: The petitioner failed to provide a detailed job description with specific daily duties and the portion of time attributed to each duty, which is necessary to establish the beneficiary’s managerial role.
Criterion: Essential Function Management
Description: The petitioner did not identify a clearly defined activity managed by the beneficiary, which is necessary to prove the role of a function manager.
Criterion: Consistency in Documentation
Description: There were inconsistencies in the documentation provided, such as the ownership details in the cosmetology license and tax returns, which were not resolved.
Key Points from the Decision
Awards and Prizes Won: Not applicable
Published Materials About the Petitioner: Not applicable
Original Contributions of Major Significance: Not applicable
Participation as a Judge: Not applicable
Membership in Associations: Not applicable
Authorship of Scholarly Articles: Not applicable
Leading or Critical Role Performed: Not applicable
Artistic Exhibitions or Showcases: Not applicable
Evidence of High Salary or Remuneration: Not applicable
Commercial Successes in the Performing Arts: Not applicable
Supporting Documentation
Evidence Provided:
Organizational charts of the foreign entity and the U.S. petitioner.
Job descriptions and responsibilities of the beneficiary.
Tax returns and incorporation documents.
Lease agreements and business licenses.
Bank statements.
Conclusion
Final Determination: The appeal is dismissed.
Reasoning: The petitioner did not meet the burden of proof to establish that the beneficiary was employed abroad in a managerial capacity, that the U.S. entity had been doing business for the required period, or that a qualifying relationship existed between the U.S. petitioner and the foreign employer. Additionally, inconsistencies in the documentation provided were not resolved.
Next Steps: The petitioner may consider gathering more detailed and consistent evidence of the beneficiary’s managerial duties, the continuous business operations in the U.S., and the qualifying relationship between the entities, and then refile the petition if appropriate.
