Date of Decision: June 11, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Public Accounting and Management Consulting
Beneficiary Information
Profession: Audit Manager
Field: Public Accounting and Management Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed as Moot
Case Overview
The petitioner, a public accounting and management consulting firm, sought to employ the beneficiary as an Audit Manager under the EB-1C classification for multinational executives or managers.
The Nebraska Service Center denied the petition, stating that the petitioner named on the Form I-140 did not match the beneficiary’s intended U.S. employer. The Director found that the company listed in the petition had legally changed its name approximately five years prior to filing. Since the entity named in the petition was inconsistent with the actual employer, the Director determined that the petition did not meet eligibility requirements.
While the appeal was pending, the beneficiary’s actual employer submitted a new Form I-140 petition. This subsequent petition was approved on March 7, 2024, granting the beneficiary EB-1C classification as a multinational executive or manager. Given that the beneficiary had obtained the requested classification through this new petition, the appeal of the original denial was deemed moot and was dismissed.
Key Issues
The primary issue in this appeal was whether the named petitioner accurately reflected the beneficiary’s intended U.S. employer. The Director found that the petitioner had legally changed its name five years prior to the filing date, creating a discrepancy in the petition. Additionally, while the appeal was pending, a new Form I-140 was filed by the correct employer and subsequently approved. As a result, the appeal was deemed unnecessary since the beneficiary had already obtained the requested classification through the new petition.
USCIS Findings
The Administrative Appeals Office (AAO) determined that the appeal was moot due to the approval of a new Form I-140 petition granting the beneficiary the requested classification. The AAO dismissed the appeal without prejudice, noting that it could be reopened if the denial of this petition became an issue in the beneficiary’s pending Form I-485, Application to Register Permanent Residence or Adjust Status.
Supporting Evidence
- Corporate records verifying the petitioner’s legal name change.
- USCIS records confirming the approval of a new Form I-140 filed by the correct employer.
- Immigration history and pending applications related to the beneficiary’s adjustment of status.
Additional Notes
The AAO highlighted the importance of accuracy in company naming when filing immigration petitions. Although the appeal was dismissed as moot, the AAO indicated that the case could be reopened if necessary for adjudicating the beneficiary’s adjustment of status application.
Conclusion
Final Determination: Appeal dismissed as moot.
Reasoning: The beneficiary obtained EB-1C classification through a newly approved Form I-140, making further pursuit of this appeal unnecessary.
