Date of Decision: August 9, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Real Estate Development
Petitioner Information
Profession: President
Field: Real Estate Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, T-O-D LLC, is a real estate development company that filed an EB-1 petition to permanently employ the beneficiary as its president. The beneficiary was intended to oversee the development of a major real estate project involving 334 units on a 13-acre waterfront property. The petition sought to classify the beneficiary as a multinational executive or manager under the EB-1 visa category.
Key Issues
The primary issues identified by the USCIS included:
The petitioner’s failure to establish that it had been “doing business” for at least one year prior to filing the petition, as required by law. The petitioner had not yet purchased the land for the proposed development, and no housing units were available for sale at the time of filing.
The petitioner’s inability to demonstrate that the beneficiary would be employed in an executive capacity in the United States. The job description provided by the petitioner was vague, and the company’s organizational structure did not support the claim that the beneficiary would primarily engage in executive-level duties.
USCIS Findings
Upon review, the USCIS found that:
The petitioner was not “doing business” as defined by the regulations, which require the regular, systematic, and continuous provision of goods or services. At the time of filing, the petitioner had not engaged in any commercial activity, as the real estate project was still in the planning stages, and no properties had been developed or sold.
The beneficiary’s job description lacked specific details and did not demonstrate that the beneficiary would be primarily engaged in executive duties. The job description appeared to be a generic template rather than a detailed account of the beneficiary’s actual responsibilities.
The petitioner’s organizational structure and staffing levels did not support the claim that the beneficiary would have subordinates to supervise in an executive capacity. The discrepancy between the organizational chart and the actual number of employees further undermined the petitioner’s claims.
Supporting Evidence
The petitioner submitted various documents, including organizational charts, job descriptions, and business plans. However, the USCIS found inconsistencies in these documents, particularly concerning the petitioner’s organizational structure and the actual employment of staff members under the beneficiary’s supervision. Additionally, the petitioner’s financial documentation did not convincingly show that the company was engaged in continuous business activities.
Additional Notes
The USCIS also noted that the petitioner’s reliance on external contractors for most of the project’s development activities did not align with the requirements for demonstrating executive capacity. The petitioner did not provide sufficient evidence to show that the beneficiary would be involved in high-level decision-making or that the company had the necessary complexity to warrant an executive position.
Conclusion
Final Determination: The appeal was denied. The petitioner did not establish that it had been doing business for the required period or that the beneficiary would be employed in an executive capacity in the United States.
