Date of Decision: JUNE 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Laboratory Testing Services
Beneficiary Information
Profession: Chief Executive Officer and President
Field: Laboratory Testing Services
Nationality: (Not specified)
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company that provides lab testing services, sought to permanently employ the beneficiary as its Chief Executive Officer and President under the EB-1C classification for multinational executives or managers. This visa classification is intended to allow a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. However, the petition faced multiple challenges leading to its denial.
Key Issues
The key issues in this case included the petitioner’s failure to establish that the beneficiary would be employed in the U.S. in a managerial or executive capacity, that the beneficiary had been employed abroad in such a capacity, and that both the petitioner and the foreign employer were doing business as defined by the regulations. Additionally, the petitioner was unable to demonstrate its ability to pay the beneficiary’s proffered wage.
USCIS Findings
USCIS found that the petitioner did not sufficiently address the majority of the grounds for denial during the appeal process, specifically neglecting four out of five critical issues. As a result, the appeal was dismissed, affirming the Director’s decision. The petitioner also failed to demonstrate that it had the ability to pay the beneficiary’s wage, particularly for the year 2018, which further solidified the denial.
Supporting Evidence
The petitioner submitted various documents, including tax returns and wage statements, which were ultimately deemed insufficient as they did not provide new facts or address the critical issues outlined in the initial denial. The failure to provide adequate documentation or arguments for most of the denial grounds was a significant factor in the unfavorable outcome.
Additional Notes
The petitioner argued that it had provided additional evidence regarding all grounds for denial, but USCIS concluded that these claims were unsupported. The motion to reconsider was dismissed on the basis that the petitioner did not meet the requirements of either a motion to reopen or a motion to reconsider.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed, and the petition remains denied.
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