Date of Decision: April 23, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Wall coverings and Textiles
Beneficiary Information
Profession: Financial and Operational Director
Field: Wall coverings and Textiles
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a wholesaler and retailer of wall coverings and textiles, sought to employ the beneficiary as its financial and operational director under the EB-1C classification for multinational executives or managers. The petition was initially denied by the Director of the Texas Service Center on the grounds that the petitioner did not establish that the beneficiary would be employed in the United States in a managerial capacity. The petitioner’s combined motions to reopen and reconsider were dismissed, leading to the current appeal.
Key Issues
The primary issue identified was whether the petitioner demonstrated that the beneficiary would perform duties in a managerial capacity, as defined by the statutory requirements. The Director and the AAO found that the job descriptions provided lacked sufficient detail to establish that the beneficiary’s day-to-day duties were primarily managerial rather than operational.
USCIS Findings
The AAO agreed with the Director’s assessment that the petitioner did not provide detailed descriptions of the beneficiary’s tasks that would demonstrate managerial capacity. The petitioner’s evidence, including organizational charts and job descriptions, was deemed insufficient to show that the beneficiary would be primarily engaged in high-level managerial duties rather than in routine operational tasks. Additionally, the petitioner failed to adequately address how the company’s staffing structure would relieve the beneficiary from performing non-managerial duties.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and payroll summaries, but these documents were found to lack the necessary specificity to support the claim that the beneficiary’s role was primarily managerial. The AAO noted that while the petitioner claimed the beneficiary managed the company’s overall operations and finances, the evidence suggested the beneficiary was still heavily involved in day-to-day activities that are not managerial in nature.
Additional Notes
The AAO emphasized that simply holding a senior title within an organization does not automatically qualify a beneficiary for managerial capacity under the EB-1C classification. The appeal was dismissed due to the petitioner’s inability to demonstrate that the beneficiary’s actual duties would be primarily managerial.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary would be employed in the United States in a managerial capacity, as required for the EB-1C classification.
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