Date of Decision: FEB. 9, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Operations and Process Management
Beneficiary Information
Profession: Assistant Vice President
Field: Business Operations and Process Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a company specializing in designing intelligent business operations, sought to employ the Beneficiary, an Assistant Vice President, under the EB-1C classification for multinational executives or managers. The Petitioner aimed to demonstrate that the Beneficiary had been employed in a managerial capacity abroad and would continue in a similar role in the United States.
Key Issues
The primary issues identified were the failure to establish that the Beneficiary was employed in a managerial capacity abroad and the lack of sufficient evidence proving the Beneficiary’s managerial role in the United States. The decision hinged on whether the Beneficiary’s duties were primarily managerial or if they included non-qualifying operational tasks.
USCIS Findings
The USCIS determined that the evidence provided by the Petitioner did not clearly establish the managerial nature of the Beneficiary’s role abroad. The findings pointed to a mix of managerial and operational duties, with insufficient documentation to quantify the time spent on qualifying managerial tasks. The lack of supporting evidence for the Beneficiary’s claimed supervisory responsibilities and authority over professional subordinates further weakened the case.
Supporting Evidence
Key evidence included descriptions of the Beneficiary’s duties, organizational charts, and emails from the Beneficiary’s time abroad. However, these documents did not convincingly demonstrate that the Beneficiary’s role was primarily managerial or that he exercised personnel authority over professional subordinates.
Additional Notes
The USCIS emphasized the importance of specific, detailed evidence to substantiate claims of managerial capacity. The Petitioner’s failure to provide clear documentation and resolve inconsistencies in the record ultimately led to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence that the Beneficiary was employed in a qualifying managerial capacity abroad.
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