Date of Decision: October 30, 2019
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: President
Field: Executive Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, D-A- Corp, is a company that manufactures and sells party supplies. The company sought to employ the beneficiary as its president under the EB-1 classification for multinational executives or managers. This visa category is intended for employees who have been employed in a managerial or executive capacity abroad and who seek to enter the United States to continue working in a similar capacity for the same employer, its affiliate, or subsidiary. The petitioner claimed that the beneficiary had been and would continue to be employed in an executive capacity.
Key Issues
The Texas Service Center denied the petition on three primary grounds:
- Lack of Managerial or Executive Capacity in the U.S.: The USCIS concluded that the petitioner failed to establish that the beneficiary would be employed in an executive capacity in the United States. The petitioner did not provide adequate evidence to show that the beneficiary’s duties were primarily executive rather than operational.
- Failure to Demonstrate U.S. Operations: The petitioner was initially found to have insufficient evidence that it was conducting business as defined by the regulations. Although additional invoices were provided on appeal, this ground for denial was eventually withdrawn, but the issue persisted regarding the nature of the beneficiary’s role.
- Lack of Executive Role Abroad: The petitioner also failed to demonstrate that the beneficiary had been employed in an executive capacity in her previous role outside the United States. The description of her foreign duties was deemed too generic and lacking in specificity.
USCIS Findings
The USCIS determined that the petitioner did not provide sufficient evidence to support the claim that the beneficiary was or would be acting in an executive capacity. The petitioner’s description of the beneficiary’s duties in both the U.S. and abroad was found to be vague, with little documentation to substantiate the claimed executive responsibilities.
Key points include:
- The beneficiary’s duties were described in broad terms, but the petitioner did not specify the actual tasks performed on a day-to-day basis that would qualify as executive functions.
- The petitioner’s organizational structure was unclear, with discrepancies in the provided charts, leaving questions about the beneficiary’s position within the company hierarchy.
- An expert opinion letter was submitted, but the USCIS found it unconvincing due to inconsistencies with the rest of the evidence and its reliance on generic statements.
Supporting Evidence
The petitioner provided various documents, including invoices, an IRS Form 1120, and an expert opinion letter. However, these documents were not sufficient to overturn the initial denial. The USCIS noted that while the invoices established that the company was doing business, they did not prove that the beneficiary’s role was primarily executive.
Additional Notes
The appeal highlighted the importance of providing detailed and specific evidence to demonstrate that a beneficiary is performing qualifying duties. The lack of clear documentation and the use of broad, generic descriptions of duties were critical factors in the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not meet the burden of proof to establish that the beneficiary was employed in or would be employed in an executive capacity under the EB-1 visa classification.
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