Date of Decision: November 25, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Investment and Consulting
Beneficiary Information
Profession: Executive Manager
Field: Investment and Consulting
Nationality: Not specified
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Case Overview
The petitioner, an investment and consulting company, filed a petition to permanently employ the beneficiary as an executive manager/president under the EB-1C classification for multinational executives or managers. The initial petition was approved by the Texas Service Center; however, the approval was later revoked, with the director concluding that the evidence did not support the beneficiary’s managerial or executive capacity, and that material facts were misrepresented. Despite the petitioner’s arguments on appeal, the Administrative Appeals Office (AAO) dismissed the appeal, affirming the director’s revocation.
Key Issues
The key issues leading to the revocation of the petition included the director’s determination that the beneficiary’s role did not meet the requirements of a managerial or executive capacity, as required under the EB-1C classification. Additionally, the director initially found that the petitioner had willfully misrepresented material facts, although this finding was later withdrawn by the AAO due to insufficient analysis.
USCIS Findings
USCIS found that the beneficiary’s duties primarily involved non-qualifying operational tasks rather than executive-level responsibilities. The petitioner failed to provide sufficient documentation to support the claim that the beneficiary was performing in an executive capacity, and the organizational structure did not demonstrate that the company had adequate staffing to relieve the beneficiary of day-to-day operations. Moreover, the evidence submitted, including organizational charts and IRS Forms 1099, did not substantiate the beneficiary’s claimed executive role.
Supporting Evidence
The petitioner provided various documents, including job descriptions, organizational charts, and IRS Forms 1099. However, the evidence primarily demonstrated the beneficiary’s involvement in routine operational tasks rather than executive functions. Additionally, discrepancies in staffing levels and the lack of clear documentation of the company’s operations further undermined the petitioner’s claims.
Additional Notes
The AAO noted that the petitioner provided an ambiguous and inconsistent picture of its business operations and the beneficiary’s role. The petitioner’s failure to provide detailed and credible evidence of the beneficiary’s executive duties ultimately led to the dismissal of the appeal. The AAO emphasized the importance of specificity and supporting documentation in establishing a beneficiary’s eligibility for the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed, and the revocation of the petition was affirmed due to insufficient evidence demonstrating the beneficiary’s executive capacity.
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