Date of Decision: March 1, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Executive Leadership in Technology
Beneficiary Information
Profession: Chief Executive Officer
Field: Executive Leadership in Technology
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, a company that markets a mobile application enabling homeowners to send video messages to home service contractors, sought to employ the beneficiary as its Chief Executive Officer under the EB-1C classification for multinational executives or managers. The EB-1C visa category is designed for foreign nationals who have been employed in a managerial or executive capacity abroad and are now seeking to continue their work in a similar capacity in the United States.
Key Issues
The primary issues in this case centered around two main points:
- Whether the petitioner had been doing business for at least one year prior to filing the petition, as required by regulations.
- Whether the beneficiary’s employment in the U.S. could be considered as an executive role given the company’s small U.S. staff and the foreign subsidiary’s involvement.
USCIS Findings
The USCIS initially denied the petition on the grounds that the petitioner did not sufficiently demonstrate ongoing business activity in the United States for the required one-year period prior to filing. Additionally, the USCIS raised concerns about the petitioner’s ability to support an executive position, given its small U.S. workforce and the beneficiary’s involvement in the predominantly Israeli-based operation.
Supporting Evidence
On appeal, the petitioner provided additional evidence, including documentation of the company’s operations and the beneficiary’s authority over the foreign subsidiary. The evidence demonstrated that the petitioner had engaged in continuous business activity by offering a mobile application service, albeit with limited revenue generation. Furthermore, the petitioner argued that the small U.S. staff was reasonable given the company’s reliance on its Israeli subsidiary for software development.
Additional Notes
The AAO found that the USCIS did not adequately consider the role of the foreign subsidiary in the overall organizational structure. However, the AAO noted potential issues with the beneficiary’s qualifying experience abroad, as the timeline of his employment did not meet the one-year requirement with a qualifying organization. This aspect required further investigation.
Conclusion
Final Determination: The decision of the USCIS Director was withdrawn, and the case was remanded for further review, particularly to address the sufficiency of the petitioner’s business operations in the U.S. and the beneficiary’s qualifying experience abroad.
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