Date of Decision: MAY 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Composites Manufacturing
Beneficiary Information
Profession: Chief Operating Officer
Field: Composites Manufacturing
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Approved
Case Overview
The petitioner in this case is a multinational entity involved in the manufacturing of composites, with a reported gross income of $60 million in the United States. The petitioner sought to permanently employ the beneficiary, a highly experienced executive, as the Chief Operating Officer (COO) of its composites division, offering a proffered wage of $180,000. The petition was filed under the EB-1C classification, which is intended for multinational executives or managers.
Key Issues
The key issues in the denial of the initial petition included the petitioner’s failure to provide specific dates of the beneficiary’s foreign employment and the position held during the relevant one-year period. Additionally, the director concluded that the petitioner did not establish that there was a bona fide job offer for the beneficiary’s U.S. position, nor did it sufficiently demonstrate that the beneficiary had been or would be employed in an executive or managerial capacity both abroad and in the United States.
USCIS Findings
Upon review, the USCIS found that the petitioner had provided sufficient evidence, including detailed job descriptions, organizational charts, and corporate documents, to establish that the beneficiary was indeed employed in a top executive role abroad and would continue in a similar capacity in the United States. The evidence demonstrated that the beneficiary held a significant position within a complex organizational hierarchy, with ample management and subordinate personnel to support the executive role.
Supporting Evidence
Key evidence that influenced the decision included detailed job descriptions, organizational charts showing the beneficiary’s role at the top of the hierarchy, and corporate documents that substantiated the bona fide nature of the job offer. The evidence also clarified the beneficiary’s responsibilities and the organizational structure both abroad and in the U.S.
Additional Notes
The appeal process revealed that the petitioner was treated as self-represented after a failure to comply with regulatory requirements concerning legal representation. Despite this, the appeal was sustained based on the strength of the submitted evidence.
Conclusion
Final Determination: The appeal was sustained, and the petition was approved, allowing the beneficiary to be employed as the Chief Operating Officer of the composites division in the United States.
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