Date of Decision: September 19, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Transportation and Logistics Management
Beneficiary Information
Profession: General Manager
Field: Transportation and Logistics Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a trucking and transportation company, sought to permanently employ the beneficiary as its General Manager under the EB-1 immigrant classification for multinational executives or managers. This classification, under Section 203(b)(1)(C) of the Immigration and Nationality Act, allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petition was denied by the Director of the Nebraska Service Center on two main grounds: the inability to establish that the beneficiary would be employed in a managerial or executive capacity in the United States and concerns about the petitioner’s ability to pay the beneficiary’s proffered wage.
Key Issues
Managerial or Executive Capacity: The Director determined that the petitioner did not provide sufficient evidence to establish that the beneficiary would be employed in a managerial or executive capacity. The job description provided was vague and lacked specific details about the beneficiary’s day-to-day responsibilities, which are crucial for demonstrating that the position is primarily managerial or executive in nature.
Ability to Pay: Initially, the Director questioned whether the petitioner had the financial ability to pay the beneficiary’s proffered wage. However, upon further review, this concern was addressed, and it was determined that the petitioner did have the ability to pay. Despite this, the appeal was dismissed due to the unresolved issue of the beneficiary’s employment capacity.
USCIS Findings
Employment in Managerial or Executive Capacity: The petitioner provided a job description that was broad and generalized, listing duties that could apply to any senior employee in any company. The Director found that these descriptions did not sufficiently demonstrate that the beneficiary’s role would be primarily managerial or executive, as required by law. Moreover, the petitioner failed to provide evidence that the beneficiary would be relieved from performing operational tasks, which are not considered managerial or executive duties.
Organizational Structure and Staffing: The petitioner claimed to have a robust organizational structure with multiple departments and managers. However, upon review, it was found that many of these positions were either not filled or not documented adequately at the time of filing. The lack of evidence to support the existence of these roles cast doubt on the petitioner’s claim that the beneficiary would be managing other managers or professionals.
Supporting Evidence
The petitioner submitted an organizational chart, job descriptions, and financial records to support its case. However, the evidence provided did not sufficiently demonstrate that the beneficiary’s duties would be primarily managerial or executive. Additionally, discrepancies in the organizational structure and staffing levels further weakened the petitioner’s case.
Additional Notes
This case highlights the importance of providing detailed and specific job descriptions when petitioning for EB-1 classification. It also underscores the necessity of having a well-documented and consistent organizational structure that supports the claimed managerial or executive role. The dismissal of the appeal serves as a reminder that merely holding a high-ranking title is not sufficient to qualify for EB-1 classification; the actual duties and the organizational context must align with the statutory definitions of managerial or executive capacity.
Conclusion
Final Determination: The appeal was dismissed as the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity in the United States. The decision underscores the stringent requirements for demonstrating the nature of the role and the organizational structure in EB-1 petitions.
