Date of Decision: February 18, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: General Management
Beneficiary Information
Profession: General Manager
Field: General Management
Nationality: Brazilian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, M-E-0-A- LLC, is a packing import company that filed a petition to employ the beneficiary as a General Manager under the EB-1C classification for multinational executives or managers. The petition sought to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity within the company. The petitioner asserted that the beneficiary managed a team in both the United States and Latin America, including overseeing contract sales agents and an export team in Brazil.
Key Issues
The primary issue was whether the petitioner adequately established that the beneficiary would be employed in a managerial or executive capacity. The USCIS raised concerns regarding the nature of the beneficiary’s duties, noting that many of the tasks appeared to be operational rather than managerial. Additionally, the USCIS questioned the small number of employees directly under the beneficiary’s supervision and the lack of detailed evidence to support the claim that the beneficiary primarily performed managerial duties.
USCIS Findings
The USCIS determined that the duties described by the petitioner did not meet the statutory definition of managerial or executive capacity. Specifically, the USCIS found that the beneficiary was engaged in a significant amount of non-qualifying operational tasks, such as sales, market research, and client support, rather than performing primarily managerial or executive functions. Furthermore, the USCIS highlighted inconsistencies in the petitioner’s claims about the number of employees and the organizational structure, which undermined the credibility of the petition.
Supporting Evidence
The petitioner’s evidence included a job description for the beneficiary, organizational charts, and explanations of the beneficiary’s role within the company. However, the USCIS found that the evidence was insufficient to prove that the beneficiary’s duties were primarily managerial or executive in nature. The lack of supporting documentation regarding the employment and role of subordinate staff also contributed to the denial.
Additional Notes
Beyond the initial decision, the USCIS noted that the petitioner did not sufficiently establish a qualifying relationship with the beneficiary’s foreign employer. The evidence provided, such as tax returns and organizational documents, was deemed inadequate to demonstrate ownership and control of the petitioning company by the foreign parent entity.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied due to the failure to establish that the beneficiary would be employed in a qualifying managerial or executive capacity and the lack of a demonstrated qualifying relationship between the petitioner and the foreign employer.
