Date of Decision: October 19, 2020
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 permanently employ the Beneficiary as its Chief Asset Manager under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The Beneficiary was the majority owner of both the foreign and U.S. entities involved.
Key Issues
The main issues leading to the denial of the petition were the failure to establish a qualifying relationship between the Petitioner and the Beneficiary’s foreign employer and insufficient evidence to demonstrate that the Beneficiary’s proposed U.S. position would be in an executive capacity.
USCIS Findings
The USCIS initially denied the petition because the Petitioner did not provide adequate evidence of a qualifying relationship between itself and the Beneficiary’s foreign employer. Although additional evidence later established this relationship, the Petitioner failed to demonstrate that the Beneficiary’s role in the U.S. entity would be in an executive capacity. Specifically, the Petitioner did not sufficiently document the Beneficiary’s job duties within the Petitioner itself, which was critical for determining eligibility under the EB-1C classification.
Supporting Evidence
Key evidence included a share transfer document showing that the Beneficiary was the legal owner of the majority of the foreign entity’s shares, thus establishing an affiliate relationship between the Petitioner and the foreign entity. However, there was a lack of substantial evidence to support the executive nature of the Beneficiary’s role within the Petitioner.
Additional Notes
The Petitioner’s motion to reconsider was dismissed as it did not present new facts or evidence regarding the Beneficiary’s proposed executive role with the Petitioner, which was essential to establishing eligibility under the EB-1C classification.
Conclusion
Final Determination: The motion to reconsider was dismissed, and the petition remains denied due to the lack of sufficient evidence that the Beneficiary’s U.S. position would be in an executive capacity.
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