Date of Decision: May 11, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Property Management and Investment Consulting
Beneficiary Information
Profession: Chief Executive Officer
Field: Property Management and Investment Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview:
The petitioner, a property management and investment consulting company, sought to permanently employ the beneficiary as its CEO under the EB-1C classification for multinational executives or managers. The application was denied based on insufficient evidence that the beneficiary would be employed in the U.S. in an executive capacity and doubts regarding previous executive employment abroad.
Key Issues:
The key issues included the failure to prove the beneficiary’s executive role in the U.S., inconsistencies in claims about the company’s ownership and structure, and the lack of clear, specific job duties that aligned with an executive capacity.
USCIS Findings:
USCIS upheld the initial denial after finding that the evidence did not adequately demonstrate that the beneficiary would be employed in an executive capacity within the U.S. Concerns were raised about the petitioner’s control over its U.S. investments and the managerial or executive nature of the beneficiary’s proposed duties.
Supporting Evidence:
The petitioner submitted various documents including organizational charts, payroll records, and detailed job descriptions. However, these were found insufficient to establish the beneficiary’s executive role, with USCIS highlighting vague job responsibilities and conflicting ownership details.
Additional Notes:
USCIS pointed out discrepancies in documentation and lack of clear evidence regarding the company’s operations and the beneficiary’s executive influence over them. Despite additional submissions on appeal, the petitioner failed to resolve these inconsistencies to USCIS’s satisfaction.
Conclusion
Final Determination: The appeal is dismissed, and the petition denied. The petitioner did not meet the burden of proof required to classify the beneficiary as a multinational executive eligible for EB-1C status.
