Date of Decision: June 3, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Director in Wholesale of General Merchandise
Beneficiary Information
Profession: Director
Field: Wholesale of General Merchandise
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, V-G-USA LLC, is a New Jersey limited liability company engaged in the wholesale of general merchandise. They filed a Form I-140 petition seeking to permanently employ the beneficiary as a director under the EB-1C immigrant classification for multinational executives or managers. This visa classification allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity.
Key Issues
The Texas Service Center Director denied the petition based on five key grounds: the petitioner failed to establish a qualifying relationship with the foreign entity that employed the beneficiary, that the beneficiary would be employed in a managerial or executive capacity in the U.S., that the beneficiary was employed abroad for at least one year in a managerial or executive capacity by a qualifying foreign entity, that the petitioner has been doing business in the U.S., and that the qualifying foreign entity continues to do business abroad.
USCIS Findings
The USCIS found that the petitioner did not specifically address or contest any of the findings made by the Director in their decision. Despite indicating that additional evidence or a brief would be submitted within 30 days of filing the appeal, the petitioner failed to provide any such documentation. As a result, the appeal was summarily dismissed, as the petitioner did not identify any erroneous conclusions of law or fact.
Supporting Evidence
No additional evidence or documentation was provided by the petitioner to support the appeal or contest the Director’s findings.
Additional Notes
The case highlights the importance of addressing all grounds for denial when appealing a USCIS decision. The failure to submit a brief or any additional evidence left the record incomplete and led to the summary dismissal of the appeal.
Conclusion
Final Determination: The appeal was summarily dismissed due to the petitioner’s failure to provide specific objections or additional evidence to support their case.
Download the Full Petition Review Here
