Date of Decision: December 20, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Restaurant Management
Beneficiary Information
Profession: Managing Director
Field: Restaurant Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, K-G-, Inc., is a company operating within the restaurant industry, seeking to employ the beneficiary as its Managing Director and President under the EB-1C classification for multinational managers or executives. The company aims to transfer the beneficiary from its foreign parent company, where he held a similar executive role, to oversee the expansion of their restaurant business in the United States.
Key Issues
The primary issues leading to the denial of the petition were the failure to establish that the beneficiary would be employed in a managerial or executive capacity in the United States and insufficient evidence to demonstrate that the beneficiary had been employed abroad in a managerial or executive capacity. The Director noted that the job description provided by the petitioner was overly broad and lacked specific details about the beneficiary’s daily managerial tasks. Additionally, the organization’s small size and unclear evidence of an executive function further weakened the case.
USCIS Findings
The USCIS found that the petitioner’s description of the beneficiary’s role did not demonstrate that his duties would be primarily managerial or executive. The petitioner’s organization was relatively small, and the evidence did not convincingly show that the beneficiary’s role would involve overseeing other professionals or managing essential functions within the company. The lack of sufficient supporting documentation, such as detailed job descriptions for the beneficiary’s subordinates, also contributed to the denial. The findings were consistent with relevant immigration laws, which require clear evidence of an executive or managerial role to qualify for the EB-1C classification.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and statements outlining the beneficiary’s responsibilities. However, the evidence was found lacking in specificity, particularly in demonstrating that the beneficiary’s daily duties would be primarily managerial or executive. The organizational charts provided did not convincingly show that the beneficiary would be relieved from performing non-qualifying tasks, and the petitioner did not submit sufficient documentation to support claims of executive responsibilities.
Additional Notes
The case highlights the importance of providing detailed and specific evidence when seeking to classify a role as managerial or executive under the EB-1C category. General statements about the beneficiary’s authority or responsibilities are not sufficient; the petitioner must demonstrate through detailed descriptions and supporting documents that the beneficiary’s role meets the legal definitions of managerial or executive capacity.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the EB-1C classification was denied, as the petitioner failed to meet the burden of proof required to establish eligibility for the benefit sought.
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