Date of Decision: November 27, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Manufacturing Company
Beneficiary Information
Profession: Production Planning and Control Manager
Field: Manufacturing Company
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a Florida-based manufacturing company, sought to employ the beneficiary as its Production Planning and Control Manager 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 that it had a qualifying relationship with the beneficiary’s former foreign employer. Specifically, the Director determined that the petitioner failed to demonstrate common ownership and control between the U.S. entity and the foreign entity.
On appeal, the petitioner argued that the beneficiary’s former foreign employer and the U.S. petitioner were affiliated through shared ownership and control by a common individual. However, the Administrative Appeals Office (AAO) dismissed the appeal, finding that the petitioner did not provide sufficient evidence to establish a qualifying relationship between the two entities. The AAO highlighted inconsistencies in the ownership structure and noted that control alone, without significant ownership, was insufficient to establish an affiliate relationship.
Key Issues
The primary issue was whether the petitioner demonstrated a qualifying relationship between the U.S. entity and the beneficiary’s former foreign employer. The AAO found that the petitioner’s evidence was insufficient to establish common ownership and control, which is necessary to demonstrate a qualifying relationship under the EB-1C classification.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required to establish a qualifying relationship between the U.S. entity and the foreign entity. The AAO emphasized that both ownership and control are required to establish such a relationship, and the petitioner’s evidence did not demonstrate that the same individual or entity owned a significant interest in both companies.
Supporting Evidence
The petitioner submitted business and corporate documents, including tax returns and ownership statements. However, the AAO found that this evidence did not adequately demonstrate the necessary common ownership and control between the U.S. petitioner and the foreign employer.
Additional Notes
The AAO emphasized the importance of providing clear, detailed, and consistent evidence to establish a qualifying relationship under the EB-1C classification. The petitioner’s failure to demonstrate common ownership and control between the U.S. and foreign entities led to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish a qualifying relationship between the U.S. entity and the beneficiary’s former foreign employer, as required for the EB-1C classification.
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