Date of Decision: April 25, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Telemarketing and Sales
Beneficiary Information
Profession: Financial and Administrative Manager
Field: Telemarketing and Sales
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, identified as a telemarketing and sales business, sought to permanently employ the beneficiary as its financial and administrative manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish: (1) a qualifying relationship with the beneficiary’s foreign employer; (2) that the beneficiary would be employed in the United States in a managerial or executive capacity; and (3) that the petitioner had been doing business in the United States. The Director also dismissed the petitioner’s subsequent motion to reopen or reconsider.
On appeal, the petitioner argued that the Director erred on each of these points and imposed evidentiary requirements not mentioned in the statute or regulations. Upon de novo review, the Administrative Appeals Office (AAO) withdrew the Director’s finding regarding the petitioner’s business operations but upheld the denial on the other grounds, leading to the dismissal of the appeal.
Key Issues
The primary issues were whether the petitioner could demonstrate a qualifying relationship with the foreign employer, whether the beneficiary would be employed in a managerial or executive capacity in the U.S., and whether the petitioner met the “doing business” requirement. The AAO determined that the petitioner failed to provide sufficient and consistent evidence to establish these requirements.
USCIS Findings
The AAO found that the petitioner did not provide adequate evidence of a qualifying relationship with the beneficiary’s foreign employer, noting that the petitioner failed to submit relevant documentation, such as articles of incorporation or stock certificates, to support its claims. Additionally, the job description provided for the beneficiary lacked sufficient detail to establish that the role was managerial or executive in nature. The AAO also noted inconsistencies in the organizational structure, which further weakened the petitioner’s case.
Supporting Evidence
The petitioner submitted affidavits, tax returns, and job descriptions, but these were found to be insufficient and inconsistent with the petitioner’s claims.
Additional Notes
The AAO emphasized the importance of providing detailed, consistent, and verifiable documentation to establish the qualifying relationship and the managerial or executive nature of the beneficiary’s role under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification, including the qualifying relationship and managerial capacity.
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