Date of Decision: December 7, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Wholesale Grocery Merchant
Beneficiary Information
Profession: General Manager
Field: Wholesale Grocery Merchant
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a wholesale grocery merchant and exporter, 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, concluding that the petitioner failed to establish a qualifying relationship with the beneficiary’s foreign employer, failed to demonstrate that the beneficiary had been employed abroad in a managerial or executive capacity, and failed to prove that the beneficiary would be employed in a managerial or executive capacity in the United States. The petitioner appealed the decision, arguing that the inconsistencies in the record were the result of negligent handling by former employees and legal representatives. However, the Administrative Appeals Office (AAO) dismissed the appeal, citing significant issues with the evidence provided.
Key Issues
The Director’s denial was based on several critical findings:
- Qualifying Relationship: The petitioner did not provide sufficient evidence to establish a qualifying relationship between the U.S. entity and the foreign employer. The inconsistencies in the submitted stock certificates and corporate documents undermined the credibility of the claimed relationship.
- Managerial or Executive Capacity Abroad: The Director found that the petitioner failed to demonstrate that the beneficiary had been employed abroad in a managerial or executive capacity for at least one year within the three years preceding the filing of the petition.
- U.S. Employment in an Executive or Managerial Capacity: The petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive capacity in the United States. The job descriptions provided were vague, and the organizational structure did not support the claim that the beneficiary would be primarily engaged in qualifying managerial or executive duties.
- Willful Misrepresentation: The Director found that the petitioner and beneficiary had willfully misrepresented material facts in an attempt to qualify for the immigration benefit. This included discrepancies in the documentation related to the business’s operations and the beneficiary’s role within the company.
USCIS Findings
Upon review, the AAO upheld the Director’s decision. The AAO found that the petitioner’s appeal did not address the key issues or provide sufficient credible evidence to overcome the grounds for denial. The inconsistencies and the lack of clear, convincing evidence regarding the qualifying relationship and the beneficiary’s employment both abroad and in the U.S. were significant factors in the decision to dismiss the appeal.
Supporting Evidence
The petitioner submitted various documents, including stock certificates, corporate tax returns, and organizational charts. However, the AAO determined that these documents were inconsistent, improperly prepared, or insufficient to support the petitioner’s claims.
Additional Notes
The AAO emphasized the importance of providing accurate, consistent, and verifiable documentation to support claims of a qualifying relationship and the beneficiary’s employment in a managerial or executive capacity. The willful misrepresentation finding is particularly significant, as it could affect the petitioner’s and beneficiary’s eligibility for future immigration benefits.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not provide sufficient evidence to establish a qualifying relationship, managerial or executive capacity, or the necessary credibility to overcome the findings of willful misrepresentation.
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