Date of Decision: August 1, 2023
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Retail Store Operations
Beneficiary Information
Profession: General Manager
Field: Retail Store Operations
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a retail store owner, and operator, sought to employ the beneficiary as its General Manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition on multiple grounds, including the failure to establish a qualifying relationship with the beneficiary’s last foreign employer, and that the beneficiary would be employed in a managerial or executive capacity in the United States. The petitioner appealed the decision, which was subsequently dismissed by the Administrative Appeals Office (AAO). The matter was later brought back on combined motions to reopen and reconsider.
Key Issues
The Director’s denial was based on several grounds:
- Qualifying Relationship: The petitioner failed to demonstrate that it maintained a qualifying relationship with the beneficiary’s last foreign employer.
- Managerial or Executive Capacity: The petitioner did not sufficiently establish that the beneficiary was employed abroad, or would be employed in the United States, in a managerial or executive capacity.
- Employment Duration: The petitioner did not demonstrate that the beneficiary was employed abroad in a managerial or executive capacity for at least one year in the three years preceding the filing of the petition.
- Ability to Pay: The petitioner failed to establish the ability to pay the beneficiary’s proffered wage.
USCIS Findings
The AAO reviewed the petitioner’s combined motions to reopen and reconsider and upheld the prior decision to deny the petition. The AAO found that the petitioner failed to present new facts or legal arguments sufficient to overturn the original decision. The petitioner provided inconsistent information regarding the beneficiary’s employment history, which cast doubt on the accuracy of the claims. Furthermore, the AAO confirmed that the beneficiary’s employment abroad did not meet the required managerial or executive capacity standard as defined by immigration law.
Supporting Evidence
The petitioner submitted various documents, including affidavits, payroll records, and employment verification letters. However, these documents contained inconsistencies and did not sufficiently establish the beneficiary’s qualifying employment or the petitioner’s ability to meet the requirements for the EB-1C classification.
Additional Notes
The AAO emphasized that the petitioner did not meet the burden of proof required for the EB-1C classification and did not provide sufficient evidence to rebut the grounds for denial. The dismissal of the motions to reopen and reconsider was based on the failure to present compelling new evidence or legal arguments.
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed. The petitioner did not provide sufficient evidence to establish the beneficiary’s qualifying managerial or executive role, nor did it resolve inconsistencies in the employment history or the qualifying relationship.
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