Date of Decision: October 19, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Golf Publications and Property Investments
Beneficiary Information
Profession: President and CEO
Field: Golf Publications and Property Investments
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company engaged in golf publications and property investments, sought to employ the beneficiary as its President and Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition on multiple grounds: the petitioner did not establish that the beneficiary was employed in a managerial or executive capacity for at least one year prior to entering the U.S.; that the beneficiary would be employed in a managerial or executive capacity in the U.S.; that the petitioner had been doing business for at least one year before filing the petition; and that the petitioner had the ability to pay the proffered wage.
The petitioner appealed the decision, but the Administrative Appeals Office (AAO) dismissed the appeal, affirming the Director’s findings. The petitioner then filed a motion to reopen, which was also denied. The AAO concluded that the petitioner failed to present new, credible evidence that would alter the outcome of the case.
Key Issues
The key issues were whether the petitioner provided sufficient evidence to demonstrate that the beneficiary was employed in a managerial or executive capacity abroad, whether the beneficiary would be employed in such a capacity in the U.S., whether the petitioner had been doing business for the required period, and whether the petitioner had the financial ability to pay the proffered wage. The AAO found that the petitioner failed to resolve the deficiencies in these areas.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required to establish eligibility for the EB-1C classification. The AAO highlighted inconsistencies in the petitioner’s financial records, payroll documents, and the lack of credible evidence regarding the beneficiary’s managerial role both abroad and in the U.S. The petitioner’s motion to reopen was denied due to the failure to provide sufficient new evidence that would likely change the result of the case.
Supporting Evidence
The petitioner submitted various documents, including business and financial records, foreign entity invoices, tax documents, and a notarized statement from the petitioner’s tax preparer. However, the AAO found this evidence insufficient and inconsistent with the petitioner’s claims.
Additional Notes
The AAO emphasized the importance of providing clear, detailed, and consistent evidence in support of EB-1C petitions. The petitioner’s failure to adequately document the beneficiary’s role, resolve discrepancies in financial records, and prove ongoing business operations contributed to the denial of the motion to reopen.
Conclusion
Final Determination: The motion to reopen was denied. The petitioner failed to establish that the beneficiary was employed in a qualifying managerial or executive capacity, did not prove the company’s ability to pay the proffered wage, and failed to demonstrate that the company had been conducting business for at least one year prior to filing, as required for the EB-1C classification.
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