EB-1C (Multinational Managers or Executives) USCIS Appeal Review – Chief Executive Officer – Restaurant OCT012015_03B4203

Date of Decision: October 1, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Restaurant Management

Beneficiary Information

Profession: Chief Executive Officer
Field: Restaurant Management
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Case Overview

The petitioner, a Georgia-based corporation operating a restaurant, sought to employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, citing the petitioner’s failure to establish that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States. Additionally, the petitioner did not provide sufficient evidence to prove the beneficiary’s managerial or executive capacity in the foreign entity and failed to demonstrate the ability to pay the beneficiary’s proffered wage.

On appeal, the petitioner contended that it had submitted adequate evidence to support the beneficiary’s managerial role in both the U.S. and foreign entities. However, the Administrative Appeals Office (AAO) dismissed the appeal, concluding that the petitioner failed to resolve inconsistencies in its documentation and did not provide sufficient evidence of the beneficiary’s managerial duties or the company’s financial ability to pay the proffered wage.

Key Issues

The primary issues were whether the petitioner provided sufficient evidence to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States, whether the beneficiary was employed in a similar capacity abroad, and whether the petitioner could pay the beneficiary’s proffered wage. The AAO found that the petitioner’s evidence, including job descriptions and financial documents, was insufficient and inconsistent, leading to the denial of the petition.

USCIS Findings

The AAO determined that the petitioner did not meet the burden of proof required to establish that the beneficiary’s duties were primarily managerial or executive. The AAO noted discrepancies in the organizational structure and job descriptions provided, which failed to convincingly demonstrate the managerial nature of the beneficiary’s role. Additionally, the AAO found that the petitioner’s financial documents did not adequately prove the ability to pay the proffered wage.

Supporting Evidence

The petitioner submitted job descriptions, organizational charts, and financial documents. However, the AAO found that these documents were inconsistent and insufficient to demonstrate the beneficiary’s managerial or executive duties and the petitioner’s financial ability to pay the proffered wage.

Additional Notes

The AAO emphasized the importance of providing clear, detailed, and consistent evidence in support of EB-1C petitions. The petitioner’s failure to adequately document the beneficiary’s role and resolve inconsistencies in the financial records contributed to the dismissal of the appeal.

Conclusion

Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States, did not prove the beneficiary’s managerial capacity abroad, and did not provide sufficient evidence of the ability to pay the proffered wage, as required for the EB-1C classification.

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Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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