Date of Decision: JUN. 08, 2021
Service Center: Vermont Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Real Estate Asset Management
Beneficiary Information
Profession: Chief Asset Manager
Field: Real Estate Asset Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a real estate asset management operation, sought to employ the Beneficiary as its Chief Asset Manager under the EB-1C classification for multinational executives or managers. The Petitioner argued that the Beneficiary would oversee significant operations across multiple affiliated entities, including managing over 700 employees within the organization’s hotel assets. The petition was initially denied due to insufficient evidence of a qualifying relationship between the Petitioner and the Beneficiary’s foreign employer. On appeal, additional concerns were raised about the Beneficiary’s actual role and duties, leading to a continued denial.
Key Issues
The primary issues in this case revolved around whether the Petitioner established a qualifying relationship between itself and the Beneficiary’s foreign employer and whether the Beneficiary would be employed in an executive capacity in the United States. Despite the Petitioner’s claims that the Beneficiary oversaw large operations and managed hundreds of employees, the evidence provided did not sufficiently demonstrate that these duties were primarily executive in nature, as required by the EB-1C classification.
USCIS Findings
USCIS determined that the Petitioner failed to demonstrate that the Beneficiary’s role would be primarily executive. The evidence indicated that the Beneficiary’s duties involved a significant amount of non-qualifying operational tasks rather than high-level executive responsibilities. The Petitioner also did not sufficiently prove that the Beneficiary’s duties were specific to the Petitioner’s operations rather than those of its affiliates. The decision noted a lack of detailed evidence to support the Beneficiary’s purported executive role, particularly in managing a large number of employees across affiliated entities.
Supporting Evidence
The Petitioner submitted various documents, including an Amended and Restated Asset Management Agreement and descriptions of the Beneficiary’s duties. However, the evidence was deemed insufficient to establish that the Beneficiary’s role was primarily executive. The documentation did not adequately quantify the proportion of time the Beneficiary would spend on executive functions versus operational tasks.
Additional Notes
USCIS highlighted the importance of providing clear, detailed, and consistent evidence when attempting to establish eligibility for EB-1C classification. The decision emphasized that the Petitioner must resolve any inconsistencies in the record with objective evidence, particularly when addressing the scope and nature of the Beneficiary’s duties.
Conclusion
Final Determination: The motion to reconsider was dismissed, and the petition remains denied. USCIS concluded that the Petitioner did not meet the requirements to establish the Beneficiary’s eligibility for the requested immigration benefit under the EB-1C classification.
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