Date of Decision: August 3, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Logistics and Transportation Management
Beneficiary Information
Profession: Chief Operating Officer
Field: Logistics and Transportation Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a logistics transportation company, sought to permanently employ the Beneficiary as its Chief Operating Officer (COO) under the EB-1C classification for multinational executives or managers. The petitioner aimed to demonstrate that the Beneficiary had been employed abroad in an executive capacity and would continue to serve in this capacity within the United States.
Key Issues
The primary issue centered on whether the Beneficiary would be employed in an executive capacity in the U.S. The Director determined that the Beneficiary’s job duties, as described by the Petitioner, lacked sufficient detail and credibility to establish that the Beneficiary would be primarily engaged in qualifying executive-level duties. Additionally, there were concerns about whether the Petitioner’s organizational structure at the time the petition was filed was sufficient to support an executive role.
USCIS Findings
USCIS found that the Beneficiary’s proposed duties were too generic and lacked the specificity needed to substantiate an executive-level position. The Director noted that the descriptions provided could apply to any executive in any industry, rather than clearly demonstrating the unique responsibilities of the Beneficiary within the context of the Petitioner’s business. Furthermore, the organizational structure was found to be insufficient, with a lack of operational employees to relieve the Beneficiary from non-executive duties, casting doubt on the validity of the claimed executive role.
Supporting Evidence
The Petitioner submitted various documents, including a duty description for the Beneficiary, organizational charts, and a “typical daily schedule.” However, these documents were deemed inadequate by the Director, as they did not clearly establish the executive nature of the Beneficiary’s role. The organizational chart at the time of filing showed only a minimal number of employees, with many positions listed as “to be hired,” which did not support the claim that the Beneficiary would be primarily engaged in executive duties.
Additional Notes
The Petitioner attempted to address the Director’s concerns on appeal by providing an updated organizational chart and payroll documentation from a later date. However, USCIS emphasized that eligibility must be established as of the date of filing, rendering the additional documentation irrelevant to the decision.
Conclusion
Final Determination: The appeal was dismissed, and the denial of the petition was upheld. The Beneficiary was not found to be eligible for classification as a multinational executive due to insufficient evidence of executive capacity and an inadequate organizational structure.
