Date of Decision: DEC. 17, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Director, Quality
Beneficiary Information
Profession: Director, Quality
Field: Medical Connection Systems
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The Petitioner is a developer, manufacturer, and seller of medical connection systems seeking to permanently employ the Beneficiary as a “Director, Quality” under the EB-1C immigrant classification for multinational executives or managers. The Beneficiary had previously held a comparable position with a foreign company that the Petitioner acquired in February 2017. The petition was filed in October 2019.
Key Issues
The primary issue in this case was whether the Petitioner could establish a qualifying relationship with the Beneficiary’s former foreign employer. The Director of the Nebraska Service Center denied the petition, concluding that the Petitioner had not provided sufficient evidence of this relationship at the time of the initial filing.
USCIS Findings
USCIS found that the evidence submitted at the time of filing did not adequately demonstrate the qualifying relationship necessary for EB-1C classification. The Petitioner’s failure to establish that it was the parent company of the Beneficiary’s former employer at the time of filing was a critical factor in the denial.
Supporting Evidence
On appeal, the Petitioner submitted additional evidence, including a register of the foreign employer’s members and documentation of a name change in the Commonwealth of the Bahamas. This new evidence aimed to prove that the Petitioner did indeed acquire and wholly own the foreign employer before the petition was filed.
Additional Notes
The Administrative Appeals Office (AAO) determined that the new evidence submitted on appeal warranted reconsideration by the Nebraska Service Center. As the AAO’s review is limited to the record at the time of the Director’s initial decision, the case was remanded for further consideration.
Conclusion
Final Determination: The AAO withdrew the Director’s decision and remanded the case for a new decision based on the additional evidence provided by the Petitioner.
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