Date of Decision: January 23, 2023
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Lamp, Furniture, and Pet Products Retail
Beneficiary Information
Profession: Chief Executive Officer (CEO)
Field: Lamp, Furniture, and Pet Products Retail
Nationality: Not Specified
Summary of Decision
Initial Decision: Approval Revoked
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company involved in selling lamps, furniture, and pet products, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. The petition was initially approved, but the Director of the Nebraska Service Center later revoked the approval, concluding that the petitioner was no longer doing business as required by the regulations and did not have the ongoing ability to pay the beneficiary’s proffered wage. The matter was brought to the Administrative Appeals Office (AAO) on appeal.
Key Issues
The Director’s decision to revoke the approval was based on findings that the petitioner had ceased its business operations and that it no longer met the criteria of “doing business” as defined by the regulations. Additionally, the Director questioned the petitioner’s ability to pay the beneficiary’s proffered wage, particularly after the sale of one of its business units and the subsequent significant reduction in business activities.
USCIS Findings
Upon de novo review, the AAO found that the petitioner did not provide sufficient evidence to demonstrate that it was continuing to do business on a regular, systematic, and continuous basis. The petitioner acknowledged selling its pet supplies store, which was a key part of its operations, and admitted that the business had been in suspension since early 2020 due to the COVID-19 pandemic. The evidence showed that the petitioner’s business activities had significantly declined prior to the pandemic, with no substantial business transactions occurring in 2020 or beyond.
Supporting Evidence
The petitioner provided copies of its IRS Forms 1120, IRS Forms 941, and W-2s, as well as some documentation related to business transactions and staffing levels. However, the evidence indicated that the petitioner’s business activities had sharply declined, and the company had reduced its staffing to only one employee—the beneficiary—by the end of 2018. The petitioner’s appeal also included arguments that the COVID-19 pandemic should exempt it from certain regulatory requirements, but no supporting legal precedent or policy was cited to justify such a waiver.
Additional Notes
The AAO concluded that the Director’s decision to revoke the petition’s approval was justified, as the petitioner failed to meet the regulatory requirements for continuing business operations. The appeal was dismissed, affirming the revocation of the petition’s approval.
Conclusion
Final Determination: The Director’s decision to revoke the petition’s approval was affirmed, and the appeal was dismissed. The petitioner did not provide sufficient evidence to demonstrate that it met the regulatory requirements for continuing business operations under the EB-1C classification.
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