Date of Decision: July 20, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Commercial Real Estate Development
Beneficiary Information
Profession: Executive Vice President
Field: Commercial Real Estate Development
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, a company involved in buying and developing commercial real estate, filed a petition seeking to employ the beneficiary as an executive vice president under the EB-1C category for multinational managers and executives. The petition was initially denied by the Director of the Nebraska Service Center, who concluded that the petitioner failed to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity.
Key Issues
The primary issue identified was the failure of the petitioner to sufficiently prove that the beneficiary’s role met the criteria for managerial or executive capacity. The Director found the evidence provided by the petitioner to be inadequate in establishing this essential requirement.
USCIS Findings
The Administrative Appeals Office (AAO) found that the record was incomplete, specifically missing the Request for Evidence (RFE) issued by the Director and the petitioner’s response to it. Due to this omission, the AAO was unable to adequately review the Director’s decision. The AAO emphasized that a complete record is crucial for a proper adjudication, referencing the relevant regulations and precedent.
Supporting Evidence
The AAO did not detail specific supporting evidence due to the incomplete record. However, it highlighted the necessity for all submitted and reviewed documents to be part of the official record to ensure transparency and thorough consideration.
Additional Notes
The AAO remanded the case back to the Director with instructions to supplement the record with the missing RFE and the petitioner’s response. If the original documents could not be obtained, the Director was advised to issue a new RFE and allow the petitioner an opportunity to respond. The Director must then review the entire record and issue a new decision based on the complete evidence.
Conclusion
Final Determination: The Director’s decision was withdrawn, and the case was remanded for further review and a new decision.
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