Date of Decision: September 16, 2022
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Furniture Products
Beneficiary Information
Profession: President
Field: Furniture Products
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a seller of furniture products, 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, citing several reasons: (1) the petitioner did not establish that it had been doing business for more than one year prior to the date the petition was filed, (2) the petitioner failed to demonstrate the ability to pay the beneficiary’s proffered wage as of the filing date, (3) the petitioner did not prove that the beneficiary was employed abroad in a managerial or executive capacity, and (4) the petitioner did not establish that the beneficiary would be employed in the United States in a managerial or executive capacity.
The petitioner filed a motion to reopen and reconsider, which the Director granted, but the denial of the petition was affirmed on the same grounds. The petitioner then filed an appeal, which was dismissed by the Administrative Appeals Office (AAO) because the petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive capacity. The petitioner subsequently filed another motion to reconsider, which was also dismissed by the AAO. The matter was brought before the AAO again on a subsequent motion to reconsider, which was dismissed as well.
Key Issues
The key issue in this case was whether the petitioner demonstrated that the beneficiary would be employed in a managerial or executive capacity in the United States. The AAO emphasized material inconsistencies in the beneficiary’s job duty descriptions, evidence of non-qualifying operational duties, and a lack of supporting documentation that would substantiate the beneficiary’s performance of managerial or executive-level duties. The petitioner repeatedly failed to address these issues satisfactorily, despite multiple opportunities to do so through motions to reopen and reconsider.
USCIS Findings
The AAO upheld the Director’s decision, finding that the petitioner did not sufficiently establish that the beneficiary would be primarily engaged in qualifying managerial or executive duties. The petitioner’s organizational structure, staffing levels, and the beneficiary’s involvement in operational tasks were inconsistent with the requirements for the EB-1C classification. Furthermore, the AAO noted that the petitioner’s attempts to address these issues in subsequent motions did not present new, material facts or a valid argument for reconsideration.
Supporting Evidence
The petitioner provided various forms of evidence, including tax returns, organizational charts, and job descriptions. However, the AAO found that these documents did not adequately demonstrate the beneficiary’s eligibility for the EB-1C classification. Specifically, the evidence failed to prove that the petitioner had sufficient staffing to relieve the beneficiary from non-qualifying operational duties, nor did it establish that the beneficiary would primarily perform managerial or executive tasks.
Additional Notes
The AAO stressed the importance of presenting clear and consistent evidence when petitioning for EB-1C classification. The petitioner’s failure to address the deficiencies identified in the initial denial, combined with the lack of new, substantive evidence, ultimately led to the dismissal of the appeal and subsequent motions.
Conclusion
Final Determination: The motion to reconsider was dismissed. The petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity, as required for the EB-1C classification.
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