Date of Decision: December 29, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Catering and Logistics Services, Sales of Cosmetic and Restaurant Products
Beneficiary Information
Profession: Chief Executive Officer (CEO)
Field: Catering and Logistics Services, Sales of Cosmetic and Restaurant Products
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, engaged in the provision of catering and logistics services and sales of cosmetic and restaurant products, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that it would employ the beneficiary in an executive capacity in the United States. The Director’s decision largely relied on the prior denial of a similar petition filed by the petitioner, without fully considering the new evidence provided in the current petition.
On appeal, the petitioner argued that the Director’s decision was overly reliant on the previous denial and failed to properly evaluate the evidence submitted with the current petition. The Administrative Appeals Office (AAO) agreed, noting that the Director did not provide sufficient analysis of the evidence regarding the petitioner’s organizational structure and the beneficiary’s role. As a result, the AAO remanded the case for further review and a new decision.
Key Issues
The primary issue was whether the petitioner demonstrated that it would employ the beneficiary in an executive capacity in the United States. The Director initially denied the petition, citing concerns over the petitioner’s staffing levels, organizational structure, and the nature of the beneficiary’s duties. However, the AAO found that the Director did not adequately analyze the petitioner’s evidence or explain the reasons for denying the petition based on the specific circumstances of the current case.
USCIS Findings
The AAO determined that the Director’s decision did not sufficiently address the totality of the evidence provided by the petitioner, including the organizational structure, job descriptions, and the nature of the petitioner’s business activities. The AAO emphasized that the Director should evaluate the current petition on its own merits, rather than relying on conclusions drawn from a previous, separate petition. The case was remanded for a more thorough review of the petitioner’s claims.
Supporting Evidence
The petitioner provided detailed job descriptions, organizational charts, and financial records, which the AAO found necessary for a full and fair evaluation of the petition. The evidence included documentation of the petitioner’s expansion into catering and logistics services and the hiring of new staff to support these operations.
Additional Notes
The AAO highlighted the importance of a complete and detailed review of all evidence when determining eligibility for EB-1C classification. The decision to remand the case reflects the need for a comprehensive analysis of the petitioner’s claims, particularly in light of changes in business operations and staffing.
Conclusion
Final Determination: The decision of the Director was withdrawn, and the case was remanded for further review. The AAO instructed the Director to re-evaluate the evidence and issue a new decision consistent with the AAO’s analysis.
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