Date of Decision: September 26, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Freight Forwarding and International Trading
Beneficiary Information
Profession: President
Field: Freight Forwarding and International Trading
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a freight forwarding and international trading company, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in the United States in a managerial or executive capacity. The petitioner appealed the decision, providing additional evidence and arguing that the beneficiary would act in a qualifying managerial capacity. However, the Administrative Appeals Office (AAO) dismissed the appeal.
Key Issues
- Managerial Capacity in the U.S.: The Director found that the petitioner did not provide sufficient evidence to demonstrate that the beneficiary would be employed in a managerial capacity. The petitioner’s descriptions of the beneficiary’s duties were broad and lacked specific details about day-to-day responsibilities. The Director also noted that the company’s small staffing levels at the time of filing raised concerns that the beneficiary would be involved in non-managerial tasks rather than focusing solely on managerial duties.
- Staffing Levels: The Director questioned whether the petitioner had sufficient staffing levels to support the beneficiary’s claimed managerial role. The petitioner indicated it employed five individuals at the time of filing, but payroll evidence suggested otherwise. The discrepancies in the staffing levels further weakened the claim that the beneficiary would be relieved from performing operational tasks.
- Doing Business Requirement: Although not initially addressed by the Director, the AAO found that the petitioner also failed to demonstrate that it had been doing business for at least one year prior to filing the petition. The petitioner’s 2014 tax return showed no revenue, assets, or wages, indicating that the petitioner may not have been operational during the required period.
USCIS Findings
Upon review, the AAO dismissed the appeal, agreeing with the Director’s conclusions. The AAO found that the petitioner did not provide sufficient evidence to prove that the beneficiary would be employed in a managerial capacity in the U.S., and also failed to demonstrate that the petitioner had been doing business for the required period.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and payroll records. However, the AAO found these documents insufficient to establish that the beneficiary would be employed in a qualifying managerial capacity.
Additional Notes
The AAO emphasized the importance of providing clear, specific, and verifiable evidence to support claims of managerial capacity and the doing business requirement in EB-1C petitions.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not provide sufficient evidence to establish the beneficiary’s eligibility for the EB-1C classification, particularly regarding managerial capacity and the doing business requirement.
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