Date of Decision: July 10, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Financial Management and Executive Leadership
Beneficiary Information
Profession: Chief Financial Officer and Vice President
Field: Financial Management and Executive Leadership
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a service and distribution center specializing in communications test equipment, sought to employ the Beneficiary as its Chief Financial Officer (CFO) and Vice President under the EB-1C immigrant classification for multinational executives or managers. The Beneficiary was intended to bring his expertise in financial management and executive leadership to the company’s U.S. operations, as he had been employed in a similar capacity abroad. The petitioner filed the Form I-140, seeking to classify the Beneficiary as a multinational manager or executive, aiming to facilitate his permanent employment in the United States.
Key Issues
The Director of the Texas Service Center denied the petition on multiple grounds. Key issues included the failure to establish that the Beneficiary would be employed in a managerial or executive capacity within the United States, that he had been employed in such a capacity abroad, and that the foreign employer was conducting business as defined by regulations. Additionally, the Petitioner failed to demonstrate that it had the ability to pay the Beneficiary’s proffered wage and that it had provided a bona fide job offer.
USCIS Findings
Upon review, the USCIS upheld the Director’s denial of the petition, concurring that the Petitioner did not meet the required standards. The decision emphasized that the Petitioner failed to provide adequate evidence of the Beneficiary’s managerial or executive role, both domestically and internationally. Moreover, the USCIS found that the Petitioner did not establish its ability to pay the Beneficiary’s wage as required by regulation. The appeal outcome confirmed the initial denial, focusing particularly on the lack of objective documentary evidence such as annual reports, federal tax returns, or audited financial statements to support the Petitioner’s claims.
Supporting Evidence
The Petitioner presented unaudited financial statements, but these were insufficient to prove the company’s ability to pay the Beneficiary’s wage. The Director and USCIS both highlighted the need for more substantial documentation, such as tax returns or audited financial statements, which the Petitioner failed to provide. The Petitioner’s arguments based on future earnings projections and overall business potential were not accepted as substitutes for the required documentation.
Additional Notes
The Petitioner’s repeated motions to reopen or reconsider were dismissed due to untimeliness and lack of new, compelling evidence. The USCIS noted that reliance on perceived extensions, even if granted, was not reasonable or legally supported. The Petitioner’s failure to address the core issue—its inability to provide sufficient financial documentation—ultimately led to the denial of the motions.
Conclusion
Final Determination: The USCIS affirmed its previous decisions, denying the Petitioner’s appeal and dismissing the motions to reopen and reconsider. The petition remains denied due to the failure to establish the Beneficiary’s eligibility and the Petitioner’s inability to demonstrate the required financial capability.
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