Date of Decision: May 21, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Corporate Technology Management
Beneficiary Information
Profession: Corporate Technology Director
Field: Corporate Technology Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a manufacturer of medical supplies, sought to employ the beneficiary as a Corporate Technology Director in the United States under the EB-1C classification for multinational executives or managers. The beneficiary was previously employed as an operations manager in the company’s foreign affiliate, where he oversaw the production of medical components in Europe. The petition was filed to continue the beneficiary’s employment in a managerial role within the U.S. entity of the company.
Key Issues
The primary issue in this case was whether the beneficiary’s role abroad qualified as a managerial or executive capacity. The petitioner claimed that the beneficiary was employed as a function manager, overseeing essential functions within the organization. However, the USCIS found that the beneficiary’s role involved significant operational tasks, which did not meet the criteria for a managerial position. The petitioner’s failure to provide sufficient evidence of the beneficiary’s managerial duties led to the denial of the petition.
USCIS Findings
USCIS concluded that the evidence provided did not demonstrate that the beneficiary primarily performed managerial duties. Instead, the duties described were operational in nature, such as overseeing production processes, equipment maintenance, and direct involvement in daily operations. The USCIS emphasized that simply holding a title or having some decision-making authority does not suffice to establish eligibility for the EB-1C classification. The petitioner was unable to prove that the beneficiary’s role was primarily managerial, leading to the dismissal of the appeal.
Supporting Evidence
The petitioner’s supporting evidence included descriptions of the beneficiary’s duties, organizational charts, and details of the foreign employer’s business activities. However, this documentation was insufficient to demonstrate that the beneficiary primarily managed essential functions or that he had the required level of discretion over operations. The lack of specific examples and corroborating evidence further weakened the petitioner’s case.
Additional Notes
The USCIS noted that the petitioner’s descriptions of the beneficiary’s role were generic and could apply to many operational roles within manufacturing industries. The decision highlighted the importance of providing detailed and specific evidence to support claims of managerial or executive capacity in EB-1C petitions.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the beneficiary’s classification as a multinational manager or executive was denied.
Download the Full Petition Review Here
