Date of Decision: September 24, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Data Analytics
Beneficiary Information
Profession: Analytics Manager
Field: Data Analytics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a data analytics firm, sought to permanently employ the beneficiary as an “Analytics Manager” under the EB-1C classification for multinational executives or managers. The petition was filed to allow the beneficiary to continue working in a managerial capacity within the company’s U.S. operations. However, the Texas Service Center denied the petition, and the matter was brought before the Administrative Appeals Office (AAO) on appeal.
Key Issues
The primary issue in this case was whether the petitioner sufficiently demonstrated that the beneficiary’s role in the United States would qualify as a managerial capacity. USCIS determined that the evidence provided failed to establish that the beneficiary’s position would involve managing a major component of the organization or supervising professionals in a manner consistent with the requirements for EB-1C classification.
USCIS Findings
USCIS found that the petitioner did not provide adequate evidence to support the claim that the beneficiary’s U.S. position met the statutory definition of managerial capacity. The petitioner failed to prove that the beneficiary would manage a component of the organization, as required by the Immigration and Nationality Act. The lack of clarity regarding the organizational structure and the specific duties of the beneficiary’s subordinates further weakened the petitioner’s case.
Supporting Evidence
The petitioner submitted organizational charts, employment agreements, and educational credentials of the beneficiary’s team members as evidence. However, USCIS found that these documents did not convincingly demonstrate that the beneficiary’s role would primarily involve managerial duties or that the positions managed by the beneficiary required professional qualifications.
Additional Notes
USCIS noted that the petitioner’s organizational chart was incomplete and did not clearly depict the hierarchy or the specific responsibilities of the team members managed by the beneficiary. This lack of clarity contributed to the decision to deny the petition.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the beneficiary to be classified as a multinational manager under the EB-1C category was denied.
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