Date of Decision: January 11, 2019
Service Center: Texas 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: Export, Wholesale, and Construction
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, H-USA, LLC, is an established export, wholesale, and construction business seeking to employ the beneficiary as a general manager under the EB-1C classification for multinational executives or managers. This visa category is designed for U.S. employers to transfer a qualified foreign employee to the United States to work in a managerial or executive capacity. The petition was originally denied by the Texas Service Center, leading to this appeal.
Key Issues
The main issue leading to the denial was the petitioner’s inability to demonstrate a qualifying relationship with the beneficiary’s foreign employer, as H-USA, LLC was found to be an inactive and administratively dissolved entity. Additionally, the petitioner failed to establish that the beneficiary’s position met the managerial or executive criteria and that the company had been actively doing business for at least one year prior to filing the petition.
USCIS Findings
The USCIS determined that the petitioner, H-USA, LLC, did not meet the necessary eligibility criteria because the company was inactive and dissolved, preventing it from having a qualifying relationship with the beneficiary’s foreign employer. Furthermore, without active business operations, the petitioner could not demonstrate the capacity to employ the beneficiary in a managerial or executive role in the U.S. The decision also highlighted the lack of response to key issues raised in the Notice of Intent to Deny (NOID).
Supporting Evidence
Critical evidence considered in the decision included the petitioner’s business status as listed on the Florida Secretary of State website, which showed the company as inactive since September 22, 2017. The USCIS also referenced the petitioner’s failure to provide sufficient evidence of ongoing business operations or rectify the dissolution status despite being informed in the NOID.
Additional Notes
The USCIS noted that the petitioner’s failure to address the inactive status of the business and the lack of an active qualifying relationship with the foreign employer were significant factors in the dismissal of the appeal. This case highlights the importance of maintaining active business operations and providing comprehensive evidence of a qualifying relationship when filing for EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet fundamental eligibility requirements, including proving a qualifying relationship and active business operations.
Download the Full Petition Review Here
