Date of Decision: MAR. 19, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Medical Equipment Distribution
Beneficiary Information
Profession: General Manager
Field: Medical Equipment Distribution
Nationality: Germany
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The Petitioner, a U.S.-based medical equipment distributor and wholly owned subsidiary of a German surgical device manufacturer, sought to permanently employ the Beneficiary, a German national, as a General Manager under the EB-1C classification for multinational executives or managers. The Beneficiary, who had been employed in Germany in a managerial capacity, was transferred to the U.S. in 2016 under L-1 nonimmigrant status and later petitioned for permanent residency.
Key Issues
The Director of the Nebraska Service Center initially denied the petition due to conflicting or incomplete information regarding the identity of the Petitioner, the offered wage, and the job title of the proffered position. Additionally, the Director found insufficient evidence to establish that the Beneficiary’s U.S. position and prior employment in Germany qualified as managerial or executive capacity under the Immigration and Nationality Act (INA).
USCIS Findings
Upon appeal, the Petitioner resolved the issues regarding the identity, job title, and wage, successfully demonstrating that the Beneficiary was employed in a managerial capacity both abroad and in the U.S. However, the record was unclear about whether the Beneficiary had accumulated the required one year of managerial capacity in Germany before his transfer. This ambiguity, particularly due to conflicting employment start dates in provided documentation, led the Administrative Appeals Office (AAO) to remand the case for further review by the Director.
Supporting Evidence
Key evidence included letters from the Petitioner’s CEO and HR Manager in Germany, employment records, and a U.S. Customs and Border Protection travel history printout. These documents supported the claim that the Beneficiary held a managerial role but also introduced discrepancies regarding the exact timeline of his employment in that capacity.
Additional Notes
The AAO emphasized the importance of clear and consistent documentation when establishing the requisite managerial experience abroad. The Director may request additional evidence to clarify these issues before issuing a new decision.
Conclusion
Final Determination: The case has been remanded to the Director for further consideration.
