Date of Decision: October 1, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Applications
Beneficiary Information
Profession: Chief Executive Officer (CEO)
Field: Software Applications
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company specializing in designing and developing software applications, sought to permanently employ the beneficiary as its Chief Executive Officer (CEO) in the United States. The petition was filed under the EB-1C classification for multinational executives or managers, aiming to demonstrate the beneficiary’s executive role both abroad and in the U.S.
Key Issues
The main issues identified by the USCIS included the failure to establish that the beneficiary had been employed in a managerial or executive capacity abroad and that they would be employed in such a capacity in the United States. The petitioner’s descriptions of the beneficiary’s duties were found to be overly broad, lacking in specific details, and not supported by sufficient evidence.
USCIS Findings
USCIS determined that the petitioner did not provide enough detailed evidence to support the claim that the beneficiary was engaged primarily in managerial or executive duties abroad. The organization failed to demonstrate the specific nature of the beneficiary’s duties or how much time was allocated to qualifying activities. Additionally, the petitioner did not submit adequate evidence regarding the U.S. role to establish that the beneficiary would be primarily engaged in executive or managerial tasks.
Supporting Evidence
The petitioner’s submission included various documents, such as organizational charts, job descriptions, and a business plan. However, the evidence was deemed insufficient due to a lack of detailed duty descriptions, percentages of time spent on qualifying activities, and credible documentation of the beneficiary’s role and responsibilities.
Additional Notes
The USCIS noted that the petitioner’s failure to provide clear and specific evidence led to the conclusion that the beneficiary was likely involved in operational tasks rather than primarily managerial or executive duties, both abroad and in the United States.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence proving the beneficiary’s qualification for the requested EB-1C classification as a multinational executive or manager.
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