Date of Decision: October 16, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Hotel Operations
Beneficiary Information
Profession: Vice President
Field: Hotel Operations
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a hotel operator, sought to employ the beneficiary as its Vice President under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, citing the petitioner’s failure to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States. Additionally, the Director found that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer for at least one year prior to filing the petition. Furthermore, the Director determined that the petitioner failed to prove that the beneficiary was employed abroad in a qualifying managerial or executive capacity.
On appeal, the petitioner argued that the Director imposed an impermissibly high standard of proof and relied on an incorrect interpretation of the law. The petitioner submitted a legal brief and copies of supporting documents, most of which had been previously submitted. However, the Administrative Appeals Office (AAO) dismissed the appeal, concluding that the petitioner did not provide sufficient evidence to support its claims and failed to resolve the inconsistencies in the documentation provided.
Key Issues
The primary issues were whether the petitioner provided sufficient evidence to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States, whether the petitioner had a qualifying relationship with the beneficiary’s foreign employer for at least one year prior to filing the petition, and whether the beneficiary was employed in a qualifying managerial or executive capacity abroad. The AAO found that the petitioner’s evidence, including job descriptions and organizational charts, was inconsistent and insufficient to meet the requirements for EB-1C classification.
USCIS Findings
The AAO determined that the petitioner did not meet the burden of proof required to establish that the beneficiary’s duties were primarily managerial or executive. The AAO noted discrepancies in the organizational structure and job descriptions provided, which failed to convincingly demonstrate the managerial nature of the beneficiary’s role. Additionally, the AAO found that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer and failed to prove that the beneficiary was employed in a qualifying managerial or executive capacity abroad.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and financial documents. However, the AAO found that these documents were inconsistent and insufficient to demonstrate the beneficiary’s managerial or executive duties and the petitioner’s qualifying relationship with the foreign employer.
Additional Notes
The AAO emphasized the importance of providing clear, detailed, and consistent evidence in support of EB-1C petitions. The petitioner’s failure to adequately document the beneficiary’s role and resolve inconsistencies in the organizational and financial records contributed to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary would be employed in a qualifying managerial or executive capacity in the United States, did not prove the beneficiary’s managerial capacity abroad, and did not establish a qualifying relationship with the beneficiary’s foreign employer, as required for the EB-1C classification.
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