EB-1C (Multinational Managers or Executives) USCIS Appeal Review – Operations Manager – SEP272024_02B4203

Date of Decision: September 27, 2024
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: Digital Printing Industry

Beneficiary Information

Profession: Operations Manager
Field: Digital Printing Industry
Nationality: Not Specified

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Case Overview

The petitioner, an importer and distributor of materials for the digital printing industry, sought to employ the beneficiary as its operations manager under the EB-1C classification for multinational executives or managers.

The Texas Service Center denied the petition, concluding that the petitioner failed to establish that it had a qualifying relationship with the beneficiary’s foreign employer and that the petitioner would employ the beneficiary in a managerial capacity in the United States. The matter was appealed to the Administrative Appeals Office for further review.

Upon de novo review, the Administrative Appeals Office determined that while the petitioner had established a qualifying relationship, it did not sufficiently demonstrate that the beneficiary’s proposed U.S. employment would be in a managerial capacity. As a result, the appeal was dismissed.

Key Issues

The first issue was whether the petitioner had a qualifying relationship with the beneficiary’s foreign employer. The petitioner claimed an affiliate relationship, stating that both entities were majority-owned by the same individual. Initially, the director found that the petitioner did not provide sufficient objective evidence to confirm this claim. However, on appeal, the petitioner submitted a complete operating agreement identifying the owner as the sole member, thereby satisfying the qualifying relationship requirement.

The second issue was whether the petitioner established that the beneficiary’s proposed role in the United States met the definition of managerial capacity. The director found that the job description included operational duties that were not primarily managerial. The petitioner submitted a revised job description, but the director determined that it materially changed the nature of the petition and could not be considered post-filing.

Additionally, the director found discrepancies in the petitioner’s organizational structure, including inconsistencies in reporting lines and unclear staffing levels. The petitioner claimed that the beneficiary oversaw sales, purchasing, logistics, and inventory control, but the evidence indicated that the beneficiary was engaged in daily operational activities rather than high-level managerial functions.

USCIS Findings

The Administrative Appeals Office determined that the petitioner successfully demonstrated a qualifying relationship between the U.S. and foreign entities but failed to establish that the beneficiary’s role in the United States would be primarily managerial. Key findings included:

  • The petitioner’s description of the beneficiary’s duties contained conflicting information about the extent of his supervisory responsibilities.
  • Organizational charts submitted at different points in the process showed inconsistencies in reporting structures and the number of employees under the beneficiary’s supervision.
  • Payroll and tax records did not corroborate the claimed staffing levels at the time of filing, raising concerns about whether the beneficiary was relieved of non-qualifying operational duties.
  • The petitioner’s response to the request for evidence introduced a substantially different job description, which the Administrative Appeals Office found to be a material change that could not be considered.

The decision also reaffirmed that prior approval of an L-1A nonimmigrant petition does not automatically establish eligibility for EB-1C classification, as the evidentiary requirements differ.

Supporting Evidence

  • Complete operating agreement confirming ownership structure
  • Organizational charts showing the beneficiary’s position and reporting lines
  • Job description detailing the beneficiary’s responsibilities in the U.S. role
  • Payroll and tax records reflecting staffing levels
  • Business records and correspondence related to procurement and logistics

Additional Notes

The Administrative Appeals Office emphasized that EB-1C petitioners must clearly establish that a beneficiary’s primary duties align with the statutory definition of managerial capacity. Simply holding a managerial title or engaging in some discretionary decision-making is not sufficient if the beneficiary remains involved in daily operational tasks.

The decision also highlighted that material changes to a petition after filing cannot be used to establish eligibility retroactively. Petitioners must submit a consistent and accurate record of a beneficiary’s job duties and organizational role from the outset.

Conclusion

Final Determination: Appeal dismissed.
Reasoning: The petitioner successfully demonstrated a qualifying relationship with the foreign entity but failed to establish that the beneficiary’s U.S. employment would be in a managerial capacity. The inconsistencies in job responsibilities and organizational structure, combined with the introduction of materially different job descriptions post-filing, led to the dismissal of the appeal.

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Emmanuel Uwakwe
Emmanuel Uwakwe

I studied Electrical and Electronics Engineering and have a huge passion for tech related stuff :)

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