Date of Decision: March 13, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Used Motorcycle Dealership and Joint Venture
Beneficiary Information
Profession: Executive Director
Field: Used Motorcycle Dealership and Joint Venture
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a used motorcycle dealership, sought to permanently employ the beneficiary as the executive director of a joint venture that it intended to create with the beneficiary’s foreign employer. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer. As a result, the Director also found that the petitioner could not demonstrate that the beneficiary had worked as a manager or executive of a qualifying foreign entity for at least one year within the three years preceding the filing of the petition or that the beneficiary would work as a manager or executive for a qualifying U.S. entity.
On appeal, the petitioner argued that the Director misinterpreted the existing law and disregarded evidence. However, upon de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, concluding that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer, which is a fundamental criterion for eligibility under the EB-1C classification.
Key Issues
The primary issue was whether the petitioner could demonstrate a qualifying relationship between the U.S. petitioner and the beneficiary’s foreign employer. The AAO determined that the petitioner failed to establish this relationship, particularly because the joint venture agreement between the petitioner and the foreign employer did not create the necessary parent-subsidiary or affiliate relationship.
USCIS Findings
The AAO found that the petitioner did not adequately demonstrate that the joint venture agreement established a qualifying relationship between the U.S. petitioner and the beneficiary’s foreign employer. The AAO emphasized that a qualifying relationship requires shared ownership and control, which the petitioner did not establish. Additionally, the AAO noted that the petitioner was not part of a multinational organization, further disqualifying it from the EB-1C classification.
Supporting Evidence
The petitioner submitted a joint venture agreement and other documents but failed to provide sufficient evidence to establish the necessary qualifying relationship.
Additional Notes
The AAO emphasized that the existence of a joint venture, by itself, does not establish a qualifying relationship for EB-1C purposes unless it meets specific criteria, including shared ownership and control.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish a qualifying relationship with the beneficiary’s foreign employer, a core requirement for the EB-1C classification.
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