Date of Decision: Jan. 8, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Executive Management
Beneficiary Information
- Profession: Executive Director
- Field: Executive Management
- Nationality: [Not Specified]
Summary of Decision
- Initial Decision: Denied
- Appeal Outcome: Denied
Case Overview
The Petitioner, a wholesale trade company, filed a petition to employ the Beneficiary as its “Executive Director” under the EB-1C immigrant classification for multinational executives or managers. The petition sought to demonstrate that the Beneficiary would serve in an executive capacity in the United States, managing significant aspects of the company’s operations.
Key Issues
The primary issue was whether the Petitioner provided sufficient evidence to prove that the Beneficiary would be employed in a managerial or executive capacity in the U.S. The Director of the Texas Service Center denied the petition due to inconsistencies in the job duties provided by the Petitioner and questioned the Beneficiary’s role in the organization. Additionally, concerns were raised about the Beneficiary’s involvement with another entity as indicated on her 2016 tax return, casting doubt on the full-time nature of the proposed employment.
USCIS Findings
USCIS found that the Petitioner failed to establish that the Beneficiary’s role in the U.S. met the statutory definitions of managerial or executive capacity. The job descriptions provided were inconsistent and lacked clarity about the Beneficiary’s actual duties within the organization. Moreover, discrepancies in the organizational hierarchy and titles further undermined the claim that the Beneficiary held a qualifying position. The issue of the Beneficiary’s involvement with another entity, as shown in her tax return, also raised concerns about her full-time commitment to the Petitioner’s company.
Supporting Evidence
The evidence presented included job descriptions, organizational charts, and the Beneficiary’s resume. However, these documents were found to be inconsistent and did not clearly define the Beneficiary’s role as meeting the requirements for managerial or executive capacity. The Petitioner’s 2017 annual report, which listed the Beneficiary as a “Sales Manager,” further contradicted the claim that she served as an Executive Director.
Additional Notes
USCIS noted that despite multiple opportunities to provide consistent and detailed evidence, the Petitioner’s submissions continued to exhibit significant discrepancies. The lack of independent, objective evidence to resolve these inconsistencies ultimately led to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner’s failure to demonstrate that the Beneficiary would be employed in a qualifying managerial or executive capacity.
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