Date of Decision: September 3, 2020
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: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a U.S. company, sought to permanently employ the beneficiary as a General Manager under the EB-1C classification for multinational executives or managers. This classification is intended for U.S. employers to transfer qualified foreign employees to the United States to work in an executive or managerial capacity. The petitioner claimed that the beneficiary had been employed in a managerial role abroad and would continue in such a capacity in the United States. However, the petition was initially denied by the Nebraska Service Center, which concluded that the beneficiary did not meet the requirements of employment in a managerial or executive capacity either in the U.S. or abroad. Additionally, the petitioner’s ability to pay the proffered wage was questioned.
Key Issues
The primary issues that led to the denial included:
- Failure to Establish Managerial or Executive Capacity: The petitioner was unable to demonstrate that the beneficiary’s role abroad and the proposed role in the United States met the criteria for a managerial or executive capacity.
- Inadequate Evidence of Ability to Pay: The petitioner submitted altered bank statements as evidence of their ability to pay the proffered wage, which raised significant concerns.
- Willful Misrepresentation of Material Fact: The petitioner was found to have submitted fraudulent documentation, including altered bank statements, checks, and wire transfer statements, in an attempt to mislead USCIS about their financial standing and qualifying relationship with the foreign employer.
USCIS Findings
Upon review, USCIS determined that the petitioner had willfully misrepresented material facts in their submission. Specifically, USCIS discovered that the bank statements provided by the petitioner were altered to inflate the financial figures, which were crucial to proving the petitioner’s ability to pay the wage and maintain a qualifying relationship with the foreign parent company. This willful misrepresentation led to the decision to dismiss the appeal and enter a finding against the petitioner, which will be considered in any future proceedings.
Supporting Evidence
The altered bank statements, checks, and wire transfer statements were pivotal in the decision-making process. USCIS verified with the bank that the submitted documents were not genuine, which significantly undermined the petitioner’s credibility and the validity of the supporting evidence provided.
Additional Notes
The petitioner’s request to withdraw the appeal following a Notice of Intent to Dismiss (NOID) was construed solely as a withdrawal of the appeal, not the underlying petition. USCIS also concluded that the petitioner’s actions did not constitute a timely or voluntary retraction of the false information provided.
Conclusion
Final Determination: The appeal was dismissed due to the withdrawal by the petitioner, and a finding of willful misrepresentation of material fact was entered against the petitioner.
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