Date of Decision: September 29, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Chief Operating Officer
Beneficiary Information
Profession: Chief Operating Officer
Field: Operations Management
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a U.S.-based subsidiary of a Chinese parent company, sought to employ the beneficiary, currently holding the position of Chief Operating Officer (COO), under the EB-1C category for multinational managers or executives. The company is involved in importing and distributing industrial work gloves and other personal safety products. The petition was filed to secure the beneficiary’s permanent employment in the U.S. in the same capacity.
Key Issues
The key issue in this case was whether the petitioner adequately demonstrated that the beneficiary’s role as COO primarily involved managerial capacity, as required for the EB-1C classification. The Director at the Nebraska Service Center found that the petitioner’s descriptions of the beneficiary’s job duties were too vague and lacked the specificity needed to establish that the beneficiary would primarily engage in managerial duties, as opposed to operational tasks.
USCIS Findings
The USCIS determined that the evidence provided by the petitioner failed to demonstrate that the beneficiary’s proposed employment would meet the required managerial capacity. The job duties described were considered broad and lacked details on how the beneficiary would manage personnel rather than perform operational tasks. Moreover, the petitioner’s attempt to provide additional job duty details in response to a Request for Evidence (RFE) was deemed insufficient, as the evidence submitted did not corroborate the managerial nature of the role.
Supporting Evidence
The petitioner provided several documents, including a list of job duties, performance reviews, a client proposal, and a product catalog. However, these were either rejected due to their submission in response to the RFE or found inadequate to substantiate the claim that the beneficiary’s role was managerial.
Additional Notes
The USCIS highlighted that the petitioner did not submit sufficient evidence to prove that the beneficiary’s primary responsibilities would align with the managerial capacity required for the EB-1C category. The decision emphasized the importance of submitting detailed and specific evidence from the onset of the petition.
Conclusion
Final Determination: The appeal was dismissed due to the failure to demonstrate that the beneficiary’s role primarily involved managerial capacity, as required for EB-1C classification.
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