Date of Decision: September 13, 2018
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Hotel Marketing Management
Beneficiary Information
Profession: Vice President of Operations
Field: Hotel Marketing Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, a hotel marketing company, sought to permanently employ the beneficiary as the Vice President of Operations, Americas, under the EB-1 immigrant classification for multinational executives or managers. This classification, under Section 203(b)(1)(C) of the Immigration and Nationality Act, permits a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petition was initially denied by the Director of the Nebraska Service Center, who cited several deficiencies in the petition, including the beneficiary’s role both abroad and in the U.S., the relationship between the petitioner and the foreign employers, and the petitioner’s ability to pay the beneficiary’s salary. However, upon certification for review, the Administrative Appeals Office (AAO) ultimately approved the petition.
Key Issues
The Director identified several key issues in denying the petition:
Managerial or Executive Capacity: The Director questioned whether the beneficiary would be employed in a managerial or executive capacity in the United States and whether the beneficiary had acted in such a capacity abroad.
Qualifying Relationship: The Director challenged whether the petitioner had a qualifying relationship with the beneficiary’s foreign employers.
Doing Business: The Director was not convinced that the petitioner was conducting business as defined by the regulations.
Bona Fide Job Offer: The Director expressed doubts about whether the petitioner had made a bona fide job offer to the beneficiary.
Ability to Pay: The Director questioned whether the petitioner had the ability to pay the beneficiary’s proffered wage.
USCIS Findings
Upon de novo review, the AAO found that the petitioner had addressed all the issues raised by the Director:
Managerial or Executive Capacity: The evidence submitted demonstrated that the beneficiary acted in an executive capacity abroad, overseeing the petitioner’s extensive Latin American operations. The AAO also concluded that the beneficiary would continue to act in a similar executive role in the United States, managing operations across North and Latin America.
Qualifying Relationship: The petitioner provided sufficient evidence to establish common ownership between the U.S. entity and the foreign entities the beneficiary had been overseeing, thereby proving a qualifying relationship.
Doing Business: Financial documentation submitted by the petitioner showed that it had been continuously providing goods and services, thereby satisfying the “doing business” requirement.
Bona Fide Job Offer: The petitioner provided a support letter from its CEO, reaffirming the job offer and the urgent need for the beneficiary’s role in the expansion into the North American market.
Ability to Pay: The petitioner demonstrated its ability to pay the beneficiary’s proffered salary by providing evidence of payments made to the beneficiary before and after the petition was filed.
Supporting Evidence
The petitioner submitted various pieces of evidence to support its case, including financial records, organizational charts, letters from company executives, and documentation of the beneficiary’s previous roles and responsibilities. This evidence was crucial in overturning the Director’s initial denial.
Additional Notes
This case highlights the importance of thoroughly documenting all aspects of a petition, particularly when addressing issues related to executive or managerial roles, qualifying relationships, and financial capabilities. The successful appeal also underscores the value of a detailed and consistent presentation of evidence to support an EB-1 classification.
Conclusion
Final Determination: The appeal was approved as the petitioner successfully demonstrated that the beneficiary would be employed in an executive capacity in the United States, had a qualifying relationship with foreign employers, was conducting business as required, made a bona fide job offer, and had the ability to pay the beneficiary’s salary.
