Date of Decision: September 25, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology Services
Beneficiary Information
Profession: Manager
Field: Information Technology Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved, then Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, an information technology services company, sought to employ the beneficiary as a manager under the EB-1C classification for multinational executives or managers. The petition was initially approved on May 14, 2013. However, the Director of the Texas Service Center later issued a denial on June 7, 2013, concluding that the petitioner had not established that the beneficiary would be employed in a primarily executive capacity in the United States.
Key Issues
The primary issue in this case was whether the petition was properly denied after its initial approval. The Director failed to issue a notice of intent to revoke, which is required before revoking an approved petition. This procedural deficiency led to the remand of the case for further review and proper procedural action.
USCIS Findings
The Administrative Appeals Office (AAO) withdrew the Director’s decision, noting that the proper course of action would have been to issue a notice of intent to revoke, allowing the petitioner the opportunity to respond. The AAO emphasized the importance of following the correct procedural steps in revocation cases.
Supporting Evidence
The petitioner submitted the original approval notice as evidence, asserting that the petition had never been properly rescinded. The AAO agreed that the lack of a notice of intent to revoke was a procedural error that needed to be corrected.
Additional Notes
The case was remanded to the Texas Service Center for further proceedings, including the issuance of a notice of intent to revoke and a new decision based on the petitioner’s response.
Conclusion
Final Determination: The matter was remanded for further review and the entry of a new decision, which, if adverse, should be certified for review.
