Date of Decision: August 5, 2024
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Executives or Managers)
Field of Expertise: Consulting and Professional Services
Beneficiary Information
Profession: Specialist Master
Field: Consulting and Professional Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Sustained
Case Overview
The petitioner, a consulting and professional services firm, sought to employ the beneficiary as a specialist master under the EB-1C classification for multinational executives or managers.
The Nebraska Service Center denied the petition, concluding that the petitioner failed to establish a qualifying relationship with the beneficiary’s last foreign employer, that it had been doing business in the United States for at least one year, and that the beneficiary’s foreign employer continued to do business in Canada. The petitioner appealed the decision, arguing that the director failed to properly apply the preponderance of the evidence standard and asserting that it had provided sufficient evidence to establish eligibility.
Upon de novo review, the Administrative Appeals Office determined that the petitioner had met its burden of proof and sustained the appeal.
Key Issues
The primary issue in this appeal was whether the petitioner demonstrated a qualifying relationship between the U.S. and foreign entities and whether both entities were actively conducting business at the time of filing. The director initially determined that the petitioner failed to meet these requirements, but the petitioner submitted additional evidence on appeal demonstrating that a qualifying relationship existed and that both companies were operational.
The record established that the petitioner and the beneficiary’s foreign employer were affiliates, both being members of one of the world’s largest international management consulting organizations. The petitioner also provided financial records verifying that the foreign entity continued to do business in Canada and that the U.S. entity had been conducting business for at least one year prior to the petition’s filing.
USCIS Findings
The Administrative Appeals Office concluded that the petitioner had successfully demonstrated a qualifying relationship with the foreign entity and that both companies met the requirements for doing business. The petitioner’s financial records indicated that it achieved revenues between $12 billion and $15 billion in 2021, 2022, and 2023, further supporting its eligibility.
The office also verified that the beneficiary entered the United States on September 9, 2023, under L-1A classification as an intracompany transferee. The approved Form I-129 confirmed the validity of the beneficiary’s petition from August 17, 2023, to August 16, 2026.
Supporting Evidence
- Organizational records establishing the qualifying affiliate relationship
- Financial statements demonstrating continued business operations
- Business registration documents for both the U.S. and foreign entities
- Verified revenue data for 2021, 2022, and 2023
- Form I-94 confirming the beneficiary’s U.S. entry under L-1A classification
- Approved Form I-129 showing the validity of the beneficiary’s nonimmigrant status
Additional Notes
The Administrative Appeals Office emphasized the importance of submitting clear and verifiable documentation to demonstrate a qualifying relationship between U.S. and foreign entities. The petitioner’s ability to provide substantial financial and business documentation played a crucial role in overturning the initial denial.
Conclusion
Final Determination: Appeal sustained.
Reasoning: The petitioner successfully established a qualifying relationship with the foreign entity, demonstrated that both companies were actively conducting business, and provided financial records supporting its eligibility under EB-1C classification.
