Date of Decision: January 21, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Development
Beneficiary Information
Profession: Chief Executive Officer
Field: Software Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a software development company, sought to employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the record did not establish that the beneficiary was employed abroad, and would be employed in the United States, in a managerial or executive capacity. The petitioner filed multiple motions to reopen and reconsider, which were all dismissed, leading to the final appeal.
Key Issues
The primary issues identified throughout the proceeding were whether the petitioner demonstrated that the beneficiary would be employed in the United States in a managerial or executive capacity and whether there was a qualifying relationship with the foreign employer. The petitioner’s inability to provide sufficient and consistent evidence regarding these points, along with discrepancies in the company’s business activities and staffing, led to the dismissal of the appeal.
USCIS Findings
The Administrative Appeals Office (AAO) concurred with the Director’s assessment, noting that the petitioner failed to establish the necessary qualifying relationship with the foreign employer and did not adequately demonstrate the managerial or executive nature of the beneficiary’s role in the United States. The AAO also highlighted concerns about the petitioner’s changing business focus and staff reductions, which raised questions about the company’s ability to support the beneficiary’s purported executive role.
Supporting Evidence
The petitioner submitted a business plan, job descriptions, organizational charts, and payroll records, but these documents were found to lack the necessary detail and consistency to support the petition. The AAO specifically noted that the business plan’s projections and the job descriptions did not align with the company’s actual operational status and staffing.
Additional Notes
The AAO emphasized the importance of providing detailed and consistent evidence throughout the petition process. The appeal was dismissed due to the petitioner’s failure to address the deficiencies identified in the initial decision, leading to a lack of confidence in the petitioner’s ability to meet the EB-1C classification requirements.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed. The petitioner failed to meet the burden of proof required for the EB-1C classification, particularly regarding the beneficiary’s managerial or executive capacity and the qualifying relationship with the foreign employer.
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