Date of Decision: August 21, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Restaurant Management
Beneficiary Information
Profession: President
Field: Restaurant Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Case Overview
The petitioner, a restaurant, 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’s duties had been, or would be, primarily managerial or executive.
The petitioner filed a timely appeal and indicated on Form I-290B, Notice of Appeal or Motion, that it would submit a brief and/or additional evidence within 30 days. However, no additional evidence or brief was submitted, and the petitioner failed to provide a statement identifying specific errors in the decision being appealed.
Key Issues
The key issue on appeal was whether the petitioner provided sufficient evidence to establish that the beneficiary’s duties were primarily managerial or executive. The failure to submit any supporting documents or a statement identifying errors in the initial decision led to the summary dismissal of the appeal.
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 appeal was summarily dismissed due to the lack of supporting evidence or arguments.
Supporting Evidence
No additional supporting evidence was submitted on appeal.
Additional Notes
The AAO emphasized the importance of submitting detailed evidence and clear arguments when appealing a denial. The petitioner’s failure to provide such documentation resulted in the summary dismissal of the appeal.
Conclusion
Final Determination: The appeal was summarily dismissed. The petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity under the EB-1C classification.
