Date of Decision: December 21, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Engineering Consultant Operation
Beneficiary Information
Profession: President
Field: Engineering Consultant Operation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, identified as an engineering consultant operation, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish statutory eligibility for the benefit sought. The Director also entered a finding of willful misrepresentation against the petitioner, concluding that the petitioner misrepresented the beneficiary’s job offer, place of employment, and pertinent information regarding the beneficiary’s employment abroad.
The petitioner filed multiple motions to reopen and reconsider, all of which were denied, reiterating the previous analysis and finding of willful misrepresentation. The petitioner argued that the misrepresentation was due to fraudulent actions by an employee, not by the organization itself. However, the Administrative Appeals Office (AAO) dismissed the appeal, upholding the Director’s finding of willful misrepresentation.
Key Issues
The primary issue was whether the petitioner committed willful misrepresentation by submitting a petition with material misstatements. The Director found that the petition, signed by the petitioner’s administrative manager, contained false information regarding the beneficiary’s job and place of employment. The petitioner argued that the misrepresentation was solely due to the fraudulent actions of the administrative manager and that the petitioner was unaware of these actions. However, the AAO upheld the Director’s finding, concluding that the petitioner failed to provide sufficient evidence to rebut the presumption of knowledge of the petition’s contents.
USCIS Findings
The AAO found that the petitioner did not overcome the finding of willful misrepresentation. Despite the petitioner’s argument that the administrative manager acted fraudulently, the AAO emphasized that the petitioner, as the corporate entity, was responsible for the actions of its authorized representatives. The petitioner failed to provide evidence that the administrative manager assumed signatory authority without the petitioner’s knowledge or consent.
Supporting Evidence
The petitioner provided evidence of a civil lawsuit filed against the administrative manager, alleging conspiracy to file fraudulent immigration forms. However, the AAO noted that this lawsuit was dismissed, and the petitioner did not provide sufficient evidence to demonstrate that the misrepresentation was solely due to the manager’s fraudulent actions without the petitioner’s knowledge.
Additional Notes
The AAO highlighted the importance of ensuring that all information in a petition is accurate and truthful, as misrepresentations can result in findings of fraud or willful misrepresentation, leading to denial of the petition. The petitioner’s failure to provide sufficient evidence to rebut the presumption of knowledge led to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to overcome the finding of willful misrepresentation, resulting in the denial of the EB-1C petition.
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