Date of Decision: February 26, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Development and Digital Media
Beneficiary Information
Profession: Quality Assurance Manager
Field: Software Development and Digital Media
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Case Overview
The petitioner, engaged in the development and sales of software and metadata for digital media, sought to employ the beneficiary as a Quality Assurance Manager under the EB-1C classification for multinational executives or managers. The beneficiary was previously employed by the petitioner’s German subsidiary as a Quality Assurance Team Lead. The Director of the Nebraska Service Center denied the petition on June 7, 2014, determining that the petitioner failed to establish that it would employ the beneficiary in a qualifying managerial or executive capacity and that the beneficiary was employed abroad in such a capacity.
The petitioner filed an appeal on July 9, 2014, indicating that a brief and/or additional evidence would be submitted within 30 days. However, the petitioner did not submit any brief, additional evidence, or a statement identifying specific erroneous conclusions of law or fact in the director’s decision. Due to this lack of supporting documentation, the Administrative Appeals Office (AAO) summarily dismissed the appeal.
Key Issues
The key issues on appeal were whether the petitioner provided sufficient evidence to demonstrate that the beneficiary was employed abroad in a qualifying managerial or executive capacity and whether the beneficiary would be employed in such a capacity in the United States. The AAO found that the petitioner did not dispute or address the director’s findings and failed to submit any additional evidence or arguments to support its appeal, leading to the summary dismissal.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required for the EB-1C classification. The petitioner’s failure to submit a brief or additional evidence and its lack of response to the director’s adverse findings led to the summary dismissal of the appeal.
Supporting Evidence
The petitioner indicated its intention to submit additional evidence but failed to do so. As a result, the AAO found the record insufficient to establish eligibility for the EB-1C classification.
Additional Notes
The AAO emphasized the importance of responding to adverse findings and submitting additional evidence when indicated. The petitioner’s failure to follow through with its stated intention to supplement the record contributed to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was summarily dismissed. The petitioner did not successfully establish that the beneficiary’s proposed duties in the United States would be primarily managerial or executive in nature.
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