Date of Decision: December 29, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Senior Production Management
Profession: Senior Production Manager
Field: Production Management
Nationality: China
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a printing company, sought to employ the beneficiary as a Senior Production Manager under the EB-1C classification for multinational executives or managers. The EB-1C classification allows U.S. employers to transfer a qualified foreign employee to the U.S. to work in an executive or managerial capacity. The petitioner claimed that the beneficiary had been providing managerial support and coordinating operations at their U.S. headquarters in New Jersey and sought to continue employing the beneficiary in a managerial role within the company.
Key Issues
The primary issues that led to the denial were the petitioner’s failure to establish that the beneficiary would be employed in the U.S. in a managerial capacity, as well as the inability to demonstrate that the beneficiary had been employed abroad in such a capacity. Additionally, there was insufficient evidence provided to prove that the petitioner had been doing business for at least one year prior to filing the petition.
USCIS Findings
The USCIS and the Administrative Appeals Office (AAO) found that the job duties described by the petitioner were vague and lacked specific details. The petitioner failed to clearly outline how the beneficiary’s daily tasks qualified as managerial. The AAO also noted that the petitioner did not adequately document the organizational structure or the roles of the beneficiary’s subordinates, further weakening the case. Moreover, the petitioner could not provide sufficient evidence that the beneficiary’s role involved primarily managerial tasks either in the U.S. or abroad.
Supporting Evidence
The petitioner submitted various documents, including job descriptions, organizational charts, and tax returns. However, the evidence provided did not sufficiently address the concerns raised by USCIS. The job descriptions were found to be broad and lacking in specific managerial tasks. The organizational charts and employee records did not demonstrate a clear managerial hierarchy, and the evidence of the petitioner’s business activities did not convincingly establish that they had been doing business for the required period.
Additional Notes
The AAO emphasized the importance of providing detailed job descriptions and organizational structures to establish the managerial nature of the beneficiary’s role. The decision highlighted that merely stating that the beneficiary has managerial authority is insufficient without concrete evidence demonstrating how the beneficiary performs these managerial duties on a day-to-day basis.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied on the grounds that the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity in the United States.
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