Date of Decision: August 6, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Non-Medicinal Health Products
Beneficiary Information
Profession: Co-CEO and President of Sales and Distribution
Field: Non-Medicinal Health Products
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a Maine-based limited liability company that develops non-medicinal health products, sought to employ the beneficiary as its Co-CEO and President of Sales and Distribution under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that it would employ the beneficiary in a qualifying managerial or executive capacity and did not have a qualifying relationship with the foreign entity.
On appeal, the petitioner submitted additional evidence and a brief arguing that the director’s decision was incorrect based on applicable law and policy and was not supported by the evidence in the record. The Administrative Appeals Office (AAO) reviewed the case de novo and concluded that the record now contained sufficient evidence to overcome the grounds for denial.
Key Issues
The key issues on appeal were whether the petitioner had established a qualifying affiliate relationship with the beneficiary’s foreign employer and whether the beneficiary would be employed in a qualifying executive capacity. The AAO found that the totality of the evidence, including additional documentation submitted on appeal and information obtained during an interview at the USCIS Maine field office, supported the petitioner’s claims.
USCIS Findings
The AAO determined that the petitioner met the burden of proof required to establish eligibility for the EB-1C classification. The evidence demonstrated that the petitioner had a qualifying affiliate relationship with the beneficiary’s foreign employer and that the beneficiary would be employed in a qualifying executive capacity.
Supporting Evidence
The petitioner provided various documents, including a brief and additional evidence on appeal, as well as information from an interview conducted by USCIS with the beneficiary and the petitioner’s Co-CEO. The AAO found that this evidence sufficiently supported the petitioner’s claims and overturned the initial denial.
Additional Notes
The AAO emphasized the importance of providing comprehensive and consistent evidence when seeking EB-1C classification. The petitioner’s detailed documentation and the information obtained during the USCIS interview played a crucial role in overcoming the initial denial.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully established that it had a qualifying affiliate relationship with the beneficiary’s foreign employer and that the beneficiary would be employed in a qualifying executive capacity.
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