Date of Decision: July 12, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Administrative Services Management
Beneficiary Information
Profession: Administrative Services Manager
Field: Administrative Services Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, B-F-H- Inc, a distributor of jewelry supplies, sought to permanently employ the beneficiary as an Administrative Services Manager under the EB-1C classification for multinational executives or managers. This classification is designed to allow U.S. employers to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petition was filed with the Nebraska Service Center and was ultimately denied, leading to the present appeal.
Key Issues
The primary grounds for denial included:
- Failure to establish a qualifying relationship between the petitioning U.S. employer and the beneficiary’s foreign employer.
- Lack of evidence that the petitioner had been conducting business for at least one year prior to the petition’s filing date.
- Insufficient documentation proving that the beneficiary had been employed abroad in a managerial or executive capacity for at least one year during the three years preceding the petition.
- Failure to demonstrate that the petitioner would employ the beneficiary in the U.S. in a qualifying managerial or executive capacity.
- Lack of evidence showing that the petitioner had the ability to pay the beneficiary’s proffered wage.
USCIS Findings
The USCIS found that the petitioner did not provide any substantial information regarding the beneficiary’s previous employment abroad, including the necessary details about the employer, the nature of the employment, or the duration. Moreover, the petitioner failed to demonstrate a qualifying relationship with any foreign employer, a critical requirement for the EB-1C classification. The petition also lacked sufficient evidence to prove that the petitioner was a multinational organization or that it had been conducting business for the required period.
Additionally, the petitioner did not address the issues identified in the Request for Evidence (RFE) and failed to submit the necessary documentation to support their claims. The appeal was subsequently dismissed because the petitioner did not meet the burden of proof required for the immigration benefit sought.
Supporting Evidence
Key evidence considered (or the lack thereof) included:
- The petitioner’s claim of the beneficiary’s unique qualifications, which was unsupported by detailed descriptions, relevant documents, or evidence of the beneficiary’s managerial or executive capacity.
- The absence of a resume or detailed account of the beneficiary’s professional history abroad.
- The petitioner’s inability to provide a substantive response to the RFE regarding the critical deficiencies in their original submission.
Additional Notes
The USCIS noted that the petitioner’s failure to respond to the RFE or to provide necessary documentation significantly undermined their case. This neglect was a substantial factor in the denial of the petition, as the USCIS could not evaluate the merits of the case without the required information.
Conclusion
Final Determination: The appeal was dismissed, and the denial of the petition was upheld due to multiple unaddressed deficiencies, each of which independently justified the decision.
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