Date of Decision: January 8, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Cell Phone Retail Sales
Beneficiary Information
Profession: Chief Executive Officer
Field: Cell Phone Retail Sales
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reopen/Reconsider Outcome: Dismissed
Case Overview
The petitioner, engaged in cell phone retail sales, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition on multiple grounds, including failure to establish that: (1) the beneficiary would be employed in the United States in a qualifying managerial or executive capacity; (2) the beneficiary was employed abroad in a qualifying managerial or executive capacity; and (3) the petitioner had the ability to pay the proffered wage at the time of filing.
The petitioner filed a motion to reopen and reconsider the decision, but the Director upheld the denial, and the Administrative Appeals Office (AAO) subsequently dismissed the appeal. The AAO found that the petitioner did not provide sufficient evidence to overcome the grounds for denial, particularly in relation to the beneficiary’s role both in the U.S. and abroad, as well as the petitioner’s financial ability to pay the beneficiary’s salary.
Key Issues
The central issues included whether the petitioner could demonstrate that the beneficiary would be employed in a managerial or executive capacity, both in the U.S. and abroad, and whether the petitioner had the financial ability to pay the beneficiary’s wage. The AAO determined that the petitioner failed to provide detailed and consistent evidence to meet these requirements.
USCIS Findings
The AAO found that the petitioner did not provide sufficient evidence to establish the beneficiary’s role as primarily managerial or executive, either in the U.S. or abroad. Additionally, the petitioner failed to demonstrate the financial ability to pay the proffered wage, as required by the regulations.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, financial statements, and other documentation, but these were found insufficient to establish the necessary qualifications for the EB-1C classification.
Additional Notes
The AAO emphasized the importance of providing detailed, specific, and consistent evidence regarding the beneficiary’s role and the petitioner’s financial capabilities in order to meet the requirements for the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed, and the petitioner’s motion to reopen and reconsider was also denied. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification.
Download the Full Petition Review Here
