Date of Decision: January 5, 2015
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Landscaping and Construction
Beneficiary Information
Profession: General Manager
Field: Landscaping and Construction
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a company engaged in landscaping and construction, sought to employ the beneficiary as its General Manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary would be performing qualifying managerial or executive duties in the United States.
On appeal, the petitioner submitted a brief disputing the Director’s findings. However, upon review, the Administrative Appeals Office (AAO) dismissed the appeal. The AAO found that the petitioner failed to provide sufficient evidence to demonstrate that the beneficiary would primarily perform managerial or executive duties, and noted deficiencies in the petitioner’s organizational structure and the lack of sufficient staffing to relieve the beneficiary from non-qualifying duties.
Key Issues
The primary issue was whether the petitioner could demonstrate that the beneficiary would be employed in a managerial or executive capacity in the U.S. The AAO determined that the petitioner failed to provide sufficient evidence and detailed descriptions of the beneficiary’s duties to meet these requirements.
USCIS Findings
The AAO found that the petitioner did not provide adequate evidence to establish that the beneficiary’s role would primarily involve managerial or executive tasks. The job descriptions included several non-qualifying duties, and the petitioner’s organizational structure did not support the beneficiary’s claimed managerial role. Additionally, the evidence did not clearly demonstrate who was performing operational tasks, suggesting that the beneficiary may be directly involved in non-qualifying duties.
Supporting Evidence
The petitioner submitted job descriptions, an organizational chart, and financial documents. However, these were found to be insufficient to establish the beneficiary’s managerial capacity and the necessary qualifying relationship.
Additional Notes
The AAO emphasized that to qualify under the EB-1C category, the petitioner must provide specific, detailed, and credible evidence to demonstrate that the beneficiary’s role will primarily involve managerial or executive duties and that the organization is adequately staffed to support such a role.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification.
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