Date of Decision: April 20, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Restaurant Operations
Beneficiary Information
Profession: Controller
Field: Restaurant Operations
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a California-based restaurant, sought to employ the beneficiary as its Controller under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner failed to establish that the beneficiary’s proposed position in the United States and her former position with the foreign parent entity could be deemed employment in a qualifying managerial or executive capacity.
The petitioner filed an appeal, disputing the director’s findings. However, the Administrative Appeals Office (AAO) dismissed the appeal, determining that the petitioner did not meet the burden of proof required to demonstrate that the beneficiary’s roles, both abroad and in the United States, were primarily managerial or executive in nature.
Key Issues
The primary issues on appeal were whether the petitioner provided sufficient evidence to establish that the beneficiary was employed abroad and would be employed in the United States in a qualifying managerial or executive capacity. The AAO found that the petitioner failed to provide adequate documentation to support its claims regarding the beneficiary’s job duties and organizational structure.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required for the EB-1C classification. The evidence provided was insufficient to establish that the beneficiary’s duties in the United States would be primarily managerial or executive in nature. Additionally, the petitioner failed to demonstrate that the beneficiary’s position with the foreign entity involved qualifying managerial or executive responsibilities.
Supporting Evidence
The petitioner submitted various documents, including job descriptions, organizational charts, and a supplemental statement. However, the AAO found these materials insufficient to address the deficiencies noted by the director, particularly regarding the managerial or executive nature of the beneficiary’s roles both abroad and in the United States.
Additional Notes
The AAO emphasized the importance of providing detailed and consistent evidence to establish the managerial or executive nature of the beneficiary’s duties. The presence of inconsistencies and the lack of specific, reliable documentation contributed to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not successfully establish that the beneficiary’s proposed duties in the United States or her previous duties abroad would be primarily managerial or executive in nature.
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