Date of Decision: April 17, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Import and Export of Automobile Parts
Beneficiary Information
Profession: General Manager
Field: Import and Export of Automobile Parts
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company specializing in the import and export of automobile parts, sought to employ the beneficiary as a general manager in the United States under the EB-1C classification for multinational executives or managers. The petitioner claimed that the beneficiary held a similar managerial role in their overseas operations and would continue in a managerial capacity in the U.S.
Key Issues
The key issue in this case was whether the petitioner sufficiently demonstrated that the beneficiary would be employed in a managerial capacity in the United States. The Director’s decision was based on the petitioner’s failure to provide specific evidence and a consistent job description that clearly defined the beneficiary’s managerial duties.
USCIS Findings
USCIS found discrepancies between the job descriptions provided by the petitioner in support of the initial petition and in response to a Notice of Intent to Deny (NOID). The descriptions lacked the necessary detail and consistency to substantiate the managerial role claimed. Furthermore, the organizational chart and job descriptions of the beneficiary’s subordinates did not convincingly establish that they were professionals requiring a managerial oversight role.
Supporting Evidence
The petitioner submitted an organizational chart, job duty descriptions, and references to the beneficiary’s management of subordinate managers. However, the evidence was deemed insufficient due to its vague nature and lack of supporting documentation that could confirm the managerial capacity of the beneficiary.
Additional Notes
The USCIS decision emphasized that the size of the petitioning company, combined with the vague and inconsistent descriptions of the beneficiary’s duties, played a significant role in the denial. The lack of clear documentation regarding the beneficiary’s role and the functions of the subordinate managers led to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed as the petitioner failed to establish that the beneficiary would be employed in a managerial capacity in the United States.
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