Date of Decision: DEC. 22, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Chief Executive Officer
Beneficiary Information
Profession: Chief Executive Officer
Field: Business Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a corporation based in California, sought to employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. The beneficiary was expected to lead the company, which operates in both the restaurant and trucking industries. The petitioner’s request was aimed at securing the beneficiary’s role as an executive in the United States after having served in a similar capacity abroad.
Key Issues
The primary issues in the denial of the petition were the failure to establish that the beneficiary would be employed in a managerial or executive capacity in the United States and that the beneficiary had been employed abroad in such a capacity before entering the United States. Additionally, the petitioner did not provide sufficient evidence of the beneficiary’s actual duties, the staffing structure, and the operational capacity of the business to support an executive role.
USCIS Findings
USCIS determined that the beneficiary’s duties, as described by the petitioner, were vague and lacked the necessary detail to establish that the role was primarily executive. The organization’s staffing levels and operational structure did not support the claim that the beneficiary would be relieved from performing day-to-day operational tasks, which are inconsistent with an executive role. Furthermore, the company’s organizational chart and employment records did not substantiate the existence of a sufficiently complex organization that could support an executive position.
Supporting Evidence
The petitioner provided organizational charts, employment records, and descriptions of the beneficiary’s duties. However, these documents did not convincingly demonstrate that the beneficiary would be primarily engaged in executive tasks, nor did they reflect a robust staffing structure capable of supporting such a role.
Additional Notes
USCIS noted additional concerns regarding the petitioner’s financial ability to pay the beneficiary the proffered wage and inconsistencies in the ownership and control of the company. These issues, while not the primary reasons for denial, must be addressed in any future proceedings.
Conclusion
Final Determination: The appeal was dismissed as the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity in the U.S. entity.
