Date of Decision: December 21, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Cybersecurity
Beneficiary Information
Profession: Director of Quality Assurance
Field: Cybersecurity
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a cybersecurity company, sought to employ the beneficiary as its Director of Quality Assurance under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the beneficiary had not been employed abroad by a qualifying entity in a managerial or executive capacity for at least one year during the three years preceding the beneficiary’s entry as a nonimmigrant. The petitioner appealed the decision, arguing that the beneficiary’s subsequent trips abroad should count towards the required one year of qualifying employment. However, the Administrative Appeals Office (AAO) dismissed the appeal.
Key Issues
The Director’s denial was based on the following findings:
- Employment Abroad: The Director found that the beneficiary had accrued less than one year of qualifying experience abroad before entering the United States as a nonimmigrant to work for the petitioner. The Director did not count the beneficiary’s subsequent trips abroad after his initial entry into the U.S. on an H-1B visa in September 2014, as these were considered short-term assignments rather than a continuation of employment abroad.
- Relevant Entry as Nonimmigrant: The Director emphasized that the relevant entry for determining the beneficiary’s qualifying employment abroad was the September 2014 entry, when the beneficiary commenced his employment in the U.S. under a newly issued employment-based nonimmigrant visa. The Director concluded that the beneficiary’s subsequent trips abroad did not alter the fact that his principal place of work had shifted to the U.S.
USCIS Findings
Upon review, the AAO upheld the Director’s decision. The AAO agreed that the beneficiary’s September 2014 entry marked the start of his employment in the U.S. under a new nonimmigrant status, and that his subsequent trips abroad did not qualify as resumption of his previous employment abroad. The AAO concluded that the petitioner did not meet the regulatory requirement of demonstrating that the beneficiary was employed abroad in a qualifying managerial or executive capacity for at least one year within the three years preceding his entry as a nonimmigrant.
Supporting Evidence
The petitioner provided documentation of the beneficiary’s employment, including records of his trips abroad. However, the AAO found that these documents did not demonstrate continuous qualifying employment abroad for the required period.
Additional Notes
The AAO emphasized the importance of establishing that the beneficiary was employed abroad in a qualifying capacity for at least one year within the specified timeframe. The decision highlights the importance of clear and consistent documentation to support claims of qualifying employment.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not provide sufficient evidence to establish that the beneficiary met the one-year qualifying employment requirement for the EB-1C classification.
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