Date of Decision: February 24, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management and Financial Services
Beneficiary Information
Profession: Chief Financial Officer (CFO)
Field: Business Management and Financial Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The Petitioner, an Iowa-based provider of property and business management services, sought to employ the Beneficiary as its Chief Financial Officer (CFO) under the EB-1C classification for multinational executives or managers. The Petitioner claimed that the Beneficiary would serve in an executive capacity, overseeing the financial activities of its Florida division and managing related entities in the United States and several Caribbean countries. The Director of the Texas Service Center initially denied the petition, concluding that the Petitioner did not adequately demonstrate that the Beneficiary would be employed in a managerial capacity in the United States. On appeal, the Administrative Appeals Office (AAO) remanded the case for further review, citing concerns about the Director’s evaluation of the evidence.
Key Issues
The primary issue in this case was the Director’s determination that the Petitioner failed to establish that the Beneficiary would be employed in a managerial or executive capacity. The Director’s analysis focused on whether the Beneficiary would perform qualifying duties, the nature of the Beneficiary’s subordinates, and the relationship between the Petitioner and its affiliated entities. Additionally, the AAO noted that the Director erroneously concentrated on the managerial aspects rather than the executive role the Beneficiary was to fulfill. There were also unresolved questions regarding the qualifying relationship between the Petitioner and the foreign employer.
USCIS Findings
The USCIS Director’s decision highlighted several concerns, including the unclear distinction between managerial and executive capacities, discrepancies in the organizational structure, and the Beneficiary’s involvement in non-qualifying duties. The Director also questioned the identity of the Beneficiary’s employer and the relationship between the Petitioner’s Florida division and its Caribbean operations. However, the AAO found that the Director’s decision lacked sufficient detail and failed to fully address the Beneficiary’s eligibility as an executive. The AAO emphasized the need for a thorough review of the evidence presented, including the Beneficiary’s job description and the Petitioner’s management structure.
Supporting Evidence
The Petitioner provided a detailed job description of the Beneficiary’s role as CFO, organizational charts, IRS Forms W-2, and evidence of the Beneficiary’s involvement in managing multiple entities. Additionally, the Petitioner submitted documentation demonstrating the ownership structure of the related entities. Despite this, the AAO determined that the Director did not adequately consider this evidence, leading to a remand for further analysis.
Additional Notes
The AAO instructed the Director to conduct a more comprehensive review of the Beneficiary’s executive role, including any additional evidence related to the Petitioner’s organizational structure and the qualifying relationship between the U.S. and foreign entities. The Petitioner may need to provide further documentation to clarify these relationships and address any outstanding concerns.
Conclusion
Final Determination: The case was remanded to the Director for further review and a new decision based on a more thorough evaluation of the evidence regarding the Beneficiary’s executive role and the qualifying relationship between the entities.
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