Date of Decision: November 24, 2020
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 (CEO)
Field: Executive Management in Laboratory Testing Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company providing laboratory testing services, sought to permanently employ the beneficiary as its Chief Executive Officer (CEO) and President in the United States. The petition was filed under the EB-1C immigrant classification for multinational executives or managers. The petitioner aimed to bring the beneficiary to the U.S. to continue their role in executive management.
Key Issues
The Director of the Nebraska Service Center denied the petition on several grounds. The primary issues included whether the beneficiary would be employed in a managerial or executive capacity in the United States, the beneficiary’s employment abroad, the petitioner’s ability to pay the proffered wage, and whether both the petitioner and the foreign employer were conducting business as required by the regulations. The petitioner only challenged the determination regarding the beneficiary’s executive capacity in the U.S., leaving other grounds for denial unaddressed.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) upheld the denial, focusing on the petitioner’s failure to establish the ability to pay the beneficiary’s proffered wage of $70,000 per year. The evidence provided, including IRS forms, demonstrated a lack of sufficient income or net current assets to support the wage, leading to the dismissal of the appeal. The petitioner’s omission to contest other grounds of denial further weakened the appeal.
Supporting Evidence
Key evidence considered included the petitioner’s 2018 IRS Form 1120S, which reflected a net taxable income of -$74,162, and a Form W-2 showing that the beneficiary was paid only $44,700 in 2018. The lack of additional documentation to support the ability to pay the proffered wage was a critical factor in the AAO’s decision to dismiss the appeal.
Additional Notes
The AAO also noted the petitioner’s failure to address four of the five denial grounds in the appeal, leading to the affirmation of the Director’s decision without further consideration of those points.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s inability to demonstrate the ability to pay the beneficiary’s proffered wage and failure to contest all grounds of the initial denial.
