Date of Decision: December 20, 2022
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Construction Contractor
Beneficiary Information
Profession: Project Manager
Field: Construction Contractor
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a construction contractor, sought to employ the beneficiary as a project 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 a qualifying relationship with the beneficiary’s foreign employer. The Director based this decision on a misinterpretation of the ownership documentation provided by the petitioner, which led to the conclusion that the petitioner and the foreign employer were not related as required by the regulations.
On appeal, the petitioner provided a detailed explanation of the corporate structure and ownership, addressing the Director’s concerns. The petitioner demonstrated that the U.S. entity and the foreign employer were affiliates, both wholly owned by the same parent company. The Administrative Appeals Office (AAO) reviewed the evidence and found that the petitioner sufficiently demonstrated the qualifying relationship, leading to the reversal of the Director’s decision.
Key Issues
The primary issue was whether the petitioner established a qualifying relationship with the beneficiary’s foreign employer. The Director initially found that the ownership documentation was insufficient, leading to the denial of the petition. However, the petitioner clarified the ownership structure on appeal, demonstrating that the U.S. entity and the foreign employer were both subsidiaries of the same parent company, which satisfied the regulatory requirements for a qualifying relationship.
USCIS Findings
The AAO determined that the Director’s decision was based on a misinterpretation of the ownership evidence. The petitioner provided clear documentation showing that both the U.S. petitioner and the foreign employer were wholly owned by the same parent company, thereby establishing the necessary qualifying relationship. The AAO sustained the appeal, concluding that the petitioner met the requirements for the EB-1C classification.
Supporting Evidence
The petitioner submitted various documents, including corporate ownership records, IRS Form 5472, and explanations of the corporate structure. The AAO found that this evidence was sufficient to demonstrate the qualifying relationship between the U.S. petitioner and the foreign employer.
Additional Notes
The AAO emphasized the importance of accurately interpreting corporate ownership documents when assessing qualifying relationships in EB-1C petitions. The petitioner’s ability to clarify and provide comprehensive evidence on appeal was crucial in sustaining the appeal.
Conclusion
Final Determination: The appeal was sustained. The petitioner successfully established a qualifying relationship with the beneficiary’s foreign employer, meeting the requirements for the EB-1C classification.
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