Date of Decision: December 29, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Computer Systems Design Services
Beneficiary Information
Profession: Chief Executive Officer
Field: Computer Systems Design Services
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
In this case, the petitioner, Y-A- LLC, a company engaged in computer systems design services, sought to permanently employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. This classification permits U.S. employers to transfer qualified foreign employees to the U.S. in an executive or managerial capacity. The Director of the Nebraska Service Center initially denied the petition, questioning the beneficiary’s employment abroad in a managerial capacity. The petitioner appealed, but the appeal was dismissed due to additional issues, including the failure to demonstrate the petitioner had been doing business for at least one year prior to filing, the ability to pay the proffered salary, and the provision of a valid job offer.
Key Issues
The main issues leading to the denial included the failure to establish that the beneficiary was employed abroad in a managerial or executive capacity, discrepancies in job descriptions provided, the inability of the petitioner to demonstrate continuous business activity for at least one year before the petition was filed, and insufficient evidence to prove the ability to pay the proffered wage. Additionally, the petitioner failed to provide a valid job offer from the U.S. company that clearly described the beneficiary’s intended duties.
USCIS Findings
The USCIS found significant inconsistencies and discrepancies in the job descriptions provided for the beneficiary’s role abroad. Despite submitting additional evidence on appeal, the petitioner could not resolve these issues. Moreover, the petitioner was unable to prove that it was actively doing business for the required period and failed to substantiate its ability to pay the beneficiary’s salary as stipulated. The job offer documentation also raised concerns, as it did not meet the regulatory requirements, further undermining the petitioner’s case.
Supporting Evidence
Key evidence considered included organizational charts, job descriptions, tax returns, and financial statements. However, the documentation presented was either inconsistent, insufficient, or failed to adequately address the points raised by the USCIS. The submission of contradictory job descriptions and unverified financial claims particularly weakened the petitioner’s position.
Additional Notes
The case highlights the critical importance of consistency in the documentation provided for such petitions. The discrepancies between the different job descriptions and the lack of verifiable evidence regarding the company’s operations and financial stability were decisive factors in the denial.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both denied, upholding the initial denial of the petition. The petitioner failed to meet the burden of proof required to establish eligibility for the requested benefit under the EB-1C classification.
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