Date of Decision: April 28, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Automotive Repair and Maintenance
Beneficiary Information
Profession: Finance Director
Field: Automotive Repair and Maintenance
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, later Revoked
Appeal Outcome: Dismissed
Case Overview
The petitioner, a Florida Limited Liability Company engaged in automotive repair and maintenance, sought to employ the beneficiary as its Finance Director under the EB-1C classification for multinational executives or managers. Initially, the petition was approved on March 20, 2013. However, the Director of the Texas Service Center issued a Notice of Intent to Revoke (NOIR) on February 11, 2014, due to unresolved discrepancies and insufficient initial evidence. On May 13, 2014, the approval was revoked, and the director also found that the petitioner and the beneficiary had misrepresented material facts regarding the beneficiary’s employment.
The petitioner appealed this decision, submitting additional evidence and a legal brief. However, the Administrative Appeals Office (AAO) dismissed the appeal, although it did withdraw the finding of willful misrepresentation, acknowledging the petitioner’s explanation for the discrepancies.
Key Issues
The key issues on appeal were whether the petitioner provided sufficient evidence to demonstrate that the beneficiary’s roles, both abroad and in the United States, were primarily managerial or executive in nature, and whether the petitioner’s and beneficiary’s inconsistencies constituted willful misrepresentation of material facts.
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, both abroad and in the United States, were primarily managerial or executive in nature. Despite the withdrawal of the finding of willful misrepresentation, the inconsistencies and lack of specific, reliable documentation led to the dismissal of the appeal.
Supporting Evidence
The petitioner submitted various documents, including job descriptions, organizational charts, and a letter of support. 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 role and the qualifications of her subordinates.
Additional Notes
The AAO emphasized the importance of providing detailed and consistent evidence to establish eligibility for the EB-1C classification. The lack of specific, reliable documentation and the presence of inconsistencies contributed to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petition’s approval remains revoked. The petitioner did not successfully establish that the beneficiary’s proposed duties in the United States would be primarily managerial or executive in nature. The finding of willful misrepresentation was withdrawn.
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