Date of Decision: July 10, 2019
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: Multinational Executive Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, T-D-S- Inc., an operator of an ice cream franchise and an educational products export business, sought to employ the beneficiary as its Chief Executive Officer (CEO) under the EB-1C classification for multinational executives or managers. This visa category allows U.S. employers to transfer qualified foreign employees to the United States to work in an executive or managerial capacity. The petitioner filed the Form I-140, Immigrant Petition for Alien Worker, to support this request.
Key Issues
The case was initially denied on four grounds, three of which were later withdrawn. The primary issue that led to the denial was the petitioner’s failure to establish that the beneficiary would be employed in a managerial or executive capacity, as required under the EB-1C classification. The petitioner claimed that the beneficiary would serve as CEO, but USCIS found insufficient evidence to support this assertion, particularly regarding the beneficiary’s job duties and the company’s staffing levels.
USCIS Findings
USCIS determined that the evidence provided by the petitioner did not demonstrate that the beneficiary’s role would be primarily managerial or executive. Despite the petitioner submitting an expert opinion letter and a legal brief to challenge this decision, USCIS found that the opinion did not align with the statutory requirements for a managerial or executive role under U.S. immigration law. The findings emphasized that the company, particularly in its start-up stage, did not present a sufficient organizational structure to support the claim that the beneficiary’s role would meet the qualifications for the EB-1C classification.
Supporting Evidence
The petitioner provided various forms of evidence, including an expert opinion letter and organizational charts. However, USCIS concluded that this evidence was inadequate to establish that the beneficiary would be employed in a managerial or executive capacity. The decision highlighted the deficiencies in the evidence related to the company’s staffing and the nature of the beneficiary’s job duties.
Additional Notes
The USCIS emphasized that the petitioner’s reliance on the company’s status as a start-up was not sufficient to meet the requirements for the EB-1C classification. The regulations require that the beneficiary be employed in a managerial or executive capacity, regardless of the company’s phase of development.
Conclusion
Final Determination: The motion to reopen and reconsider was denied, reaffirming the initial denial of the petition. The petitioner did not provide sufficient evidence to overturn the prior decision.
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