Date of Decision: April 17, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Director
Beneficiary Information
Profession: Director
Field: Management
Nationality:
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, an importer of dollar store merchandise, sought to employ the beneficiary as a director under the EB-1C classification for multinational executives or managers. The petition was initially denied by the Texas Service Center due to the petitioner’s failure to demonstrate the ability to pay the beneficiary’s proffered wage. The petitioner subsequently filed motions to reopen and reconsider, which were also denied. On appeal, however, the petitioner provided sufficient evidence, including an IRS Form 1120, to demonstrate that the proffered wage was paid during the relevant year. Despite this, the case was remanded due to concerns about the beneficiary’s managerial capacity.
Key Issues
The main issues in the case revolved around the petitioner’s ability to pay the beneficiary’s wage and whether the beneficiary would perform in a managerial capacity. While the petitioner resolved the wage payment issue on appeal, discrepancies in the organizational chart and insufficient evidence of the beneficiary’s managerial duties led to uncertainty about the beneficiary’s qualification for the EB-1C classification.
USCIS Findings
The USCIS found that although the petitioner had provided evidence to establish wage payment, the record lacked sufficient detail and supporting documentation to confirm the beneficiary’s managerial role. The organizational chart and tax forms presented discrepancies that cast doubt on the managerial claims, leading to a remand for further review.
Supporting Evidence
Key evidence considered in the decision included the IRS Form 1120, organizational charts, IRS Forms 941 and W-2, and the beneficiary’s job description. The petitioner’s failure to submit certain requested documents and resolve discrepancies contributed to the remand decision.
Additional Notes
The USCIS highlighted the need for the petitioner to provide independent, objective evidence to resolve discrepancies in the record. The remand allows for the possibility of a new request for evidence to address these concerns and ensure the petitioner’s eligibility.
Conclusion
Final Determination: The decision was remanded for further review to address unresolved issues regarding the beneficiary’s managerial capacity and the petitioner’s organizational structure.
