Date of Decision: JAN. 8, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Finance and Management
Beneficiary Information
Profession: Chief Financial Officer
Field: Finance and Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a retail store operating in the United States, sought to permanently employ the beneficiary as its Chief Financial Officer under the EB-1C classification for multinational managers or executives. This visa classification is designed to allow U.S. employers to permanently transfer qualified foreign employees to work in managerial or executive capacities. The petitioner was incorporated in Florida but was found to be inactive at the time of the appellate review due to administrative dissolution.
Key Issues
The main issues in this case were the petitioner’s failure to establish that the beneficiary was employed abroad and would continue to be employed in the United States in an executive or managerial capacity. Additionally, the petitioner faced a serious allegation of willful misrepresentation of a material fact, which further complicated the case.
USCIS Findings
The USCIS, upon review, determined that the petitioner failed to provide sufficient evidence to demonstrate that the beneficiary met the required managerial or executive capacity both abroad and in the U.S. The petitioner’s status as an inactive entity also raised significant concerns, suggesting that no bona fide job offer existed to support the petition. Despite a notice of intent to dismiss issued by the USCIS, the petitioner did not respond with the necessary evidence, leading to the dismissal of the appeal.
Supporting Evidence
Key pieces of evidence included records from the Florida Secretary of State indicating the petitioner’s inactive status due to administrative dissolution. This status undermined the petitioner’s claim of a valid job offer and its standing to pursue the appeal. The petitioner was expected to provide a certificate of good standing to rebut this adverse information but failed to do so.
Additional Notes
The petitioner’s failure to respond to the notice of intent to dismiss, along with the lack of required evidence, led to the summary dismissal of the appeal. This case underscores the importance of maintaining active business status and providing timely, accurate responses to USCIS requests.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied due to the petitioner’s inability to establish the beneficiary’s qualification for the requested immigration benefit and the petitioner’s failure to maintain an active business status.
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