Date of Decision: MAY 04, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Service and Distribution for Communications Test Equipment
Beneficiary Information
Profession: Chief Financial Officer and Vice President
Field: Service and Distribution for Communications Test Equipment
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a service and distribution center for communications test equipment, sought to employ the beneficiary as its Chief Financial Officer and Vice President under the EB-1C classification for multinational executives or managers. The petition aimed to secure permanent residency for the beneficiary based on his managerial and executive capacities within the company.
Key Issues
The main issues identified in the decision were:
- The petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity within the United States.
- Insufficient evidence was provided to demonstrate that the beneficiary was employed in a managerial or executive role abroad.
- The petitioner’s foreign affiliate was not shown to be engaged in business activities as defined by relevant regulations.
- The petitioner did not provide a bona fide job offer to the beneficiary.
- The petitioner’s ability to pay the beneficiary’s proffered wage was not adequately demonstrated.
USCIS Findings
The USCIS and Administrative Appeals Office (AAO) concluded that the petitioner did not meet the requirements for the EB-1C classification. Specifically, they highlighted the lack of evidence to support the petitioner’s claims regarding the beneficiary’s executive role and the petitioner’s financial ability to pay the offered salary. The petitioner’s previous attempts to reopen the case and submit additional evidence were also found insufficient.
Supporting Evidence
Key evidence considered in the decision included:
- Prior L-1A nonimmigrant petitions approved for the beneficiary, which were not sufficient to prove eligibility under the EB-1C classification.
- The petitioner’s tax returns, which were mentioned but not submitted, thus failing to demonstrate the ability to pay the beneficiary’s wage.
Additional Notes
The petitioner argued for equitable relief, claiming errors by USCIS and the critical importance of the petition to national security. However, these claims were outside the jurisdiction of the AAO, which is strictly bound to evaluate eligibility based on the provided evidence and relevant law.
Conclusion
Final Determination: The motions to reopen and reconsider were dismissed due to the petitioner’s failure to provide sufficient evidence of the ability to pay the beneficiary’s proffered wage and to establish the beneficiary’s eligibility for the requested benefit.
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