Date of Decision: September 8, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: General Management
Beneficiary Information
Profession: General Manager
Field: Retail Operations
Nationality: India
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner is a multinational company engaged in retail operations, seeking to classify the beneficiary, a General Manager from India, under the EB-1C visa category as a multinational executive or manager. The petition was filed to obtain permanent residency for the beneficiary, enabling them to continue their work in a managerial capacity within the United States.
Key Issues
The key issues leading to the denial of the petition centered on the failure to establish the beneficiary’s managerial or executive capacity in the U.S. role, insufficient documentation of the qualifying relationship between the U.S. and foreign entities, and a lack of evidence demonstrating the beneficiary’s substantial role in directing the management of the organization.
USCIS Findings
USCIS found that the petitioner failed to provide adequate evidence that the beneficiary had been employed in a managerial or executive capacity in the foreign entity. The petitioner also did not sufficiently prove that the beneficiary would be employed in such a capacity in the U.S. Additionally, the petition lacked documentation showing a qualifying relationship between the U.S. petitioner and the foreign employer, which is a critical requirement for EB-1C classification.
Supporting Evidence
Key pieces of evidence considered included the beneficiary’s employment agreement, organizational charts of both the U.S. and foreign entities, and affidavits. However, USCIS determined that these documents did not conclusively demonstrate that the beneficiary had been or would be engaged in duties of a managerial or executive nature, nor did they sufficiently establish the qualifying relationship between the two companies.
Additional Notes
USCIS remarked that while the petitioner provided some evidence, it was insufficient to meet the regulatory requirements. The denial emphasized the importance of clearly documenting the beneficiary’s role and the relationship between the entities involved in such petitions.
Conclusion
Final Determination: The appeal was denied due to the failure to establish the necessary qualifying relationship and the managerial or executive capacity of the beneficiary.
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