Date of Decision: September 19, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Not Specified
Petitioner Information
Profession: Account Manager
Field: IT Solutions for Financial Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a U.S.-based company specializing in IT solutions for financial services, sought to permanently employ the beneficiary, who was to serve as the North American Account Manager. The petition was filed under the EB-1C classification, which is reserved for multinational executives or managers. The primary role of the beneficiary was to manage various departments and oversee client-related activities in the U.S. office.
Key Issues
The Nebraska Service Center initially denied the petition on the grounds that the petitioner failed to establish that the beneficiary would be employed in a managerial capacity in the U.S. The petitioner claimed that the beneficiary would serve as a function manager, but the initial evidence did not adequately demonstrate that the beneficiary’s role met the statutory definition of a managerial capacity.
USCIS Findings
Upon appeal, the Administrative Appeals Office (AAO) conducted a de novo review and found that the petitioner did not sufficiently establish that the beneficiary’s employment in the U.S. would be in a managerial capacity. The AAO noted that the petitioner provided inconsistent job descriptions and failed to explain how the beneficiary’s role was essential to the organization. Furthermore, the organizational charts submitted by the petitioner did not clearly depict the beneficiary in a senior managerial position within the company’s hierarchy.
Supporting Evidence
The petitioner provided multiple job descriptions and organizational charts. However, the evidence presented was inconsistent and did not convincingly demonstrate that the beneficiary would be managing an essential function or that the beneficiary occupied a senior role within the organization. The AAO also noted that the petitioner failed to provide sufficient evidence of a reporting structure that would support the beneficiary’s claimed managerial role.
Additional Notes
The AAO highlighted the importance of consistency in the evidence provided and emphasized that assertions made in the petition must be supported by credible and probative evidence. The decision underscores the need for petitioners to clearly define and substantiate the roles and responsibilities of beneficiaries in managerial positions.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied as the petitioner did not meet the burden of proof to establish that the beneficiary would be employed in the U.S. in a managerial capacity.
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