Date of Decision: November 23, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Specialized Services
Beneficiary Information
Profession: Function Manager
Field: Specialized Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company offering “specialized services,” sought to permanently employ the beneficiary as a Function Manager in the United States under the EB-1C immigrant classification for multinational executives or managers. The petitioner claimed that the beneficiary had been employed in a managerial capacity abroad and was now being brought to the U.S. to continue in a similar role.
However, the USCIS denied the petition, questioning the petitioner’s ability to meet the required business criteria and the legitimacy of the job offer to the beneficiary. The petitioner appealed, arguing that they had submitted sufficient evidence, including tax returns and business documents, to demonstrate compliance with the regulatory requirements.
Key Issues
The key issues in the case revolved around the petitioner’s failure to prove that it had been “doing business” as defined by the regulations for at least one year prior to filing the petition. The petitioner also faced challenges in proving its ability to pay the beneficiary’s proffered wage, but this issue was reserved and not analyzed due to the dispositive nature of the primary issue.
USCIS Findings
USCIS found that the petitioner did not sufficiently establish that it had been “regularly, systematically, and continuously” providing goods or services for at least one year before filing the petition. Although the petitioner submitted some financial documents and business invoices, USCIS concluded that these were insufficient to prove ongoing business operations. Furthermore, the petitioner’s descriptions of its business activities were deemed vague and inconsistent with the documentary evidence provided.
Supporting Evidence
The petitioner submitted various documents, including tax returns, a profit and loss statement, and invoices. However, USCIS determined that the lack of clear documentation demonstrating the regular provision of goods and services over the required period, combined with ambiguities in the business’s stated operations, led to the conclusion that the petitioner had not been “doing business” for the necessary period.
Additional Notes
USCIS also noted an inconsistency in the beneficiary’s statements regarding the job offer, which cast further doubt on the legitimacy of the petition. The beneficiary indicated that the job offer “never came through” and expressed reluctance to relocate to the petitioner’s business location, further complicating the case.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence that the petitioner was doing business for the required period before filing the petition.
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