Date of Decision: September 12, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Executive Management
Beneficiary Information
Profession: General Manager
Field: Executive Management
Nationality: Italian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, M-L- LLC, aimed to permanently employ the beneficiary as its general manager under the EB-1C classification for multinational executives. This classification allows for the transfer of foreign employees to the U.S. in executive or managerial capacities. The Texas Service Center initially denied the petition, which was upheld upon appeal. The beneficiary is the sole owner of M-L- LLC and was expected to operate in an executive capacity.
Key Issues
The main issues centered around whether the beneficiary would function in an executive capacity within the U.S., and if he had previously held a similar role abroad. The denial was based on the lack of evidence confirming that the beneficiary operated or would operate in an executive capacity, as defined by statutory and regulatory standards.
USCIS Findings
The USCIS findings highlighted that the petitioner failed to demonstrate an employer-employee relationship crucial for the EB-1C classification. The analysis indicated that the beneficiary, being the sole owner and member of M-L- LLC, could not establish this necessary relationship. Furthermore, the petitioner could not prove that the beneficiary had been employed abroad in an executive capacity.
Supporting Evidence
The submitted evidence, including organizational charts and payroll summaries, did not sufficiently demonstrate the beneficiary’s executive role either in the U.S. or abroad. The decision also noted that the descriptions of the beneficiary’s duties lacked specificity and did not substantiate claims of his executive function.
Additional Notes
It was noted that the staffing levels and organizational complexity of M-L- LLC did not support a role that required executive capacity. The beneficiary’s significant control over the company further complicated the establishment of a typical employer-employee relationship necessary for the EB-1C criteria.
Conclusion
The appeal was dismissed, affirming the initial denial, as the petitioner failed to meet the burden of proof required to establish eligibility for the EB-1C visa classification.
