Date of Decision: DEC. 22, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Retail Sales Management
Beneficiary Information
Profession: Executive Manager
Field: Retail Sales Management
Nationality: Pakistani
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a retail sales company, sought to permanently employ the Beneficiary as an “executive manager” under the EB-1C classification for multinational managers or executives. The company, organized in Illinois, has interests in various sectors including technology, textiles, and a medical spa. The Beneficiary was to manage the U.S. operations across these divisions.
Key Issues
The primary issues revolved around whether the Beneficiary would be employed in a managerial or executive capacity in the United States. The Director found that the evidence did not demonstrate that the Beneficiary’s role in the U.S. would be primarily managerial or executive. Additionally, there were concerns regarding the Petitioner’s organizational structure, staffing levels, and the vague and generic nature of the Beneficiary’s job duties.
USCIS Findings
The USCIS determined that the Petitioner failed to establish that the Beneficiary would be primarily engaged in managerial or executive duties. The organization’s structure and the responsibilities described did not support the claim that the Beneficiary would act in a managerial capacity. The Petitioner also did not adequately demonstrate that the Beneficiary would be relieved of operational and administrative tasks, which are not considered qualifying managerial duties.
Supporting Evidence
Key evidence included the Petitioner’s organizational charts, employment contracts, and descriptions of the Beneficiary’s duties. However, the documentation provided lacked sufficient detail and failed to clearly delineate the managerial responsibilities of the Beneficiary. The evidence did not convincingly show that the Beneficiary would oversee a sufficient number of subordinate managers or professionals.
Additional Notes
The Petitioner’s business was noted to be not in good standing in the State of Illinois at the time of the appeal. This issue, coupled with the insufficient evidence of managerial duties, contributed to the denial of the appeal. The Petitioner’s plans for future business expansion were also deemed irrelevant to the decision, as eligibility must be established at the time of filing.
Conclusion
Final Determination: The appeal was dismissed, and the denial of the EB-1C petition was upheld.
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