Date of Decision: March 5, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: Finance Manager
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a U.S.-based used automobile dealership, sought to employ the beneficiary as a Finance Manager under the EB-1C immigrant classification for multinational executives or managers. The beneficiary had been employed abroad as a human resources manager for a related foreign entity. The petition aimed to transfer the beneficiary to the U.S. to continue working in a managerial capacity within the petitioner’s organization.
Key Issues
The primary issue in this case revolved around whether the petitioner adequately demonstrated that the beneficiary had been employed abroad in a managerial capacity. Specifically, the USCIS questioned whether the beneficiary’s duties abroad were primarily managerial in nature and whether the beneficiary supervised professional subordinates.
USCIS Findings
Upon review, the USCIS found that the evidence provided by the petitioner was insufficient to establish that the beneficiary’s role abroad was primarily managerial. The job duties described did not align with the statutory definition of “managerial capacity,” as they included a significant portion of non-managerial tasks. Additionally, the petitioner failed to prove that the beneficiary’s subordinates required a baccalaureate degree for their positions, which is a key criterion for establishing that the beneficiary managed professional employees.
Supporting Evidence
The petitioner submitted various documents, including job descriptions and organizational charts. However, the USCIS found that these materials did not convincingly demonstrate that the beneficiary’s primary role was managerial. The petitioner’s reliance on a previously approved L-1A petition was also deemed insufficient, as USCIS is not bound by prior approvals if eligibility has not been demonstrated in the current petition.
Additional Notes
The petitioner claimed that incorrect legal advice from a paralegal led to discrepancies in the job description provided in the Request for Evidence (RFE) response. However, the USCIS noted that there is no remedy for a petitioner who authorizes unlicensed representatives to act on their behalf.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to establish that the beneficiary was employed abroad in a managerial capacity, as required by the EB-1C classification.
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