Date of Decision: March 17, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Holding Company
Beneficiary Information
Profession: Director and President
Field: Holding Company
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Motion to Reopen/Reconsider Outcome: Denied
Case Overview
The petitioner, described as a holding company, sought to permanently employ the beneficiary as its director and president under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner failed to establish: (1) that the petitioner had been doing business for at least one year prior to the petition’s filing date; (2) that the beneficiary would be employed in the U.S. in a managerial or executive capacity; (3) that the beneficiary had been employed abroad in a managerial or executive capacity; and (4) that the petitioner had the ability to pay the beneficiary’s proffered wage.
The petitioner appealed the decision, but the Administrative Appeals Office (AAO) dismissed the appeal, affirming the Director’s findings on all counts. The petitioner then filed a motion to reconsider, arguing that the AAO applied an overly strict standard and failed to properly consider the evidence. However, the AAO denied the motion to reconsider, finding that the petitioner did not demonstrate any legal or factual errors in the prior decisions.
Key Issues
The primary issues were whether the petitioner could demonstrate: (1) that it had been doing business for at least one year prior to the filing date; (2) that the beneficiary would be employed in a managerial or executive capacity in the U.S.; (3) that the beneficiary had been employed in such a capacity abroad; and (4) that the petitioner had the ability to pay the proffered wage. The AAO determined that the petitioner failed to provide sufficient evidence to meet these requirements.
USCIS Findings
The AAO found that the petitioner did not adequately demonstrate that it had been doing business for the required one-year period, noting discrepancies in the petitioner’s claims about its business operations and affiliations. The AAO also found that the petitioner failed to provide specific and credible job descriptions for the beneficiary’s role, both in the U.S. and abroad, to establish the managerial or executive nature of the position. Additionally, the petitioner did not provide sufficient evidence to demonstrate its ability to pay the proffered wage.
Supporting Evidence
The petitioner submitted business formation documents, tax returns, job descriptions, and other supporting evidence. However, the AAO found these to be inconsistent and insufficient to address the grounds for denial.
Additional Notes
The AAO emphasized the importance of providing consistent and credible evidence, particularly regarding business operations and the specific duties of the beneficiary, to support eligibility under the EB-1C classification.
Conclusion
Final Determination: The motion to reconsider was denied. The appeal remains dismissed, and the petition’s denial is upheld.
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