Date of Decision: DEC. 22, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Musical Equipment Wholesale
Beneficiary Information
Profession: CEO/President
Field: Musical Equipment Wholesale
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The Petitioner, a company specializing in the wholesale of musical equipment, sought to employ the Beneficiary as a CEO/President under the EB-1C classification for multinational executives or managers. The petition aimed to classify the Beneficiary as a multinational executive, intending for him to continue his leadership role within the company upon his transfer to the United States.
Key Issues
The main issues leading to the initial denial were twofold: First, the Director found that the Petitioner did not sufficiently establish that the foreign entity was conducting business, thus challenging the Petitioner’s status as a multinational company. Second, the Director questioned whether the Beneficiary would be employed in an executive capacity in the U.S., a requirement for this visa classification.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) determined that the Director had not fully considered the evidence submitted. The Petitioner provided extensive documentation, including sales invoices, tax returns, and payroll records, that demonstrated both the foreign entity and the U.S. Petitioner were actively conducting business. Additionally, the AAO found that the Beneficiary’s proposed role in the U.S. met the criteria for an executive capacity, supported by a detailed job description and evidence of the company’s operational structure.
Supporting Evidence
The Petitioner’s appeal included substantial evidence such as financial statements, corporate tax returns, and detailed descriptions of the Beneficiary’s duties. These documents were crucial in establishing that both entities were operational and that the Beneficiary’s role would indeed be executive in nature, fulfilling the requirements of the EB-1C classification.
Additional Notes
The decision highlighted the importance of providing comprehensive evidence when demonstrating a qualifying relationship between entities and the executive nature of the Beneficiary’s role. This case underscores the necessity of a thorough presentation of documentation to meet the stringent requirements of the EB-1C category.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the Beneficiary to assume his executive role in the U.S. under the EB-1C classification.
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