Date of Decision: FEB. 2, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Multinational Business Management
Beneficiary Information
Profession: Chief Executive Officer (CEO)
Field: Multinational Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, a multinational video game developer and global distributor, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C visa classification for multinational managers or executives. The beneficiary was responsible for overseeing the global distribution operations of the petitioner’s international organization, including distribution activities within the United States.
Key Issues
The main issue in this case was whether the beneficiary would be employed in the United States in a managerial capacity as defined under the Immigration and Nationality Act (INA). The petitioner needed to demonstrate that the beneficiary’s role involved managing an essential function within the organization, rather than engaging in ordinary operational activities alongside other employees.
USCIS Findings
Upon review, the USCIS concluded that the petitioner had not provided sufficient evidence to establish that the beneficiary would be employed in a qualifying managerial capacity in the United States. The decision was based on the petitioner’s failure to clearly demonstrate that the beneficiary’s role would primarily involve managing an essential function, as required by the statutory definition of “managerial capacity.” The case was remanded to the Director for further consideration.
Supporting Evidence
The petitioner provided a detailed description of the beneficiary’s responsibilities, emphasizing their role in managing the global distribution operations. The evidence included descriptions of the beneficiary’s duties, which were claimed to involve high-level managerial functions within the organization. However, the petitioner did not provide the necessary financial documentation to confirm its ongoing ability to pay the beneficiary’s wage from the priority date onward.
Additional Notes
The petitioner was instructed to submit regulatory-required evidence of its ability to pay the proffered wage, including annual reports, federal tax returns, or audited financial statements. This documentation was necessary to establish the petitioner’s financial capability to support the beneficiary’s position in the United States.
Conclusion
Final Determination: The case was remanded to the Nebraska Service Center for further review and a new decision, pending the submission of additional financial documentation.
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