Date of Decision: October 25, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: International Food Marketing
Petitioner Information
Profession: Chief Executive Officer
Field: International Food Marketing
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner, T-T- Corp., is an international food marketing company with over 100 employees. The company filed a petition to permanently employ the beneficiary as its Chief Executive Officer under the EB-1 classification for multinational executives or managers. The beneficiary was offered an annual salary of $350,000. The specific immigration benefit sought was the EB-1 classification, which allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity.
Key Issues
The main issue in this case was the petitioner’s failure to establish that the beneficiary was employed abroad in a managerial or executive capacity. The Director of the Nebraska Service Center denied the petition because the petitioner did not respond to a request for evidence (RFE), leading to the conclusion that the required evidence to prove the beneficiary’s executive capacity was not provided.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) found that the Director erroneously concluded that the petitioner failed to respond to the RFE. The oversight prevented the Director from considering critical evidence, including the beneficiary’s job description, the existence of a six-person managerial support staff, and the beneficiary’s role within a complex organizational hierarchy. The AAO determined that the beneficiary was indeed employed in an executive capacity abroad, with managerial subordinates who handled the organization’s non-executive functions.
Supporting Evidence
The key evidence considered in this case included:
- A letter from the foreign entity outlining the beneficiary’s job duties.
- Documentation of the beneficiary’s direct subordinates’ professional credentials and responsibilities.
- Organizational charts demonstrating the complex hierarchical structure and the placement of the beneficiary within this structure.
Additional Notes
The AAO’s decision to sustain the appeal highlights the importance of carefully reviewing all submitted evidence before issuing a denial. The failure to acknowledge a response to an RFE can lead to an erroneous decision, as was the case here.
Conclusion
Final Determination: The appeal was approved, as the petitioner successfully demonstrated that the beneficiary was employed in an executive capacity abroad, supported by a robust managerial team.
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