Date of Decision: March 12, 2019
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 Construction and Remodeling
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, A-A-C Inc., a general construction and remodeling business, sought to employ the beneficiary as its general manager under the EB-1C classification for multinational executives or managers. This petition allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petition was initially denied by the Director of the Nebraska Service Center due to insufficient evidence of the beneficiary’s managerial capacity and the absence of a qualifying relationship between the U.S. company and the beneficiary’s foreign employer. The appeal, and subsequently, the combined motion to reopen and reconsider, was also denied, reaffirming the initial findings.
Key Issues
The primary issues leading to the denial of the petition included:
- Managerial Capacity: The evidence provided did not demonstrate that the beneficiary’s role primarily involved managerial duties. Instead, the job duties suggested that the beneficiary acted more as a first-line supervisor of non-professional employees, which does not meet the criteria for the EB-1C classification.
- Qualifying Relationship: The petitioner failed to establish a qualifying relationship between the U.S. company and the beneficiary’s foreign employer. Discrepancies in ownership and control of the U.S. company raised doubts about the claimed relationship.
USCIS Findings
The USCIS and AAO found that the petitioner did not provide sufficient evidence to establish that the beneficiary’s role was primarily managerial as required by section 101(a)(44)(A) of the Immigration and Nationality Act (INA). The job duties detailed in the petition suggested that the beneficiary was involved in direct oversight of non-professional staff, which does not qualify as managerial capacity under the EB-1C classification.
Additionally, the AAO identified inconsistencies in the ownership structure of the U.S. company, which undermined the petitioner’s claim of a qualifying parent-subsidiary relationship with the beneficiary’s foreign employer. The petitioner’s failure to resolve these inconsistencies was a key factor in the denial of the appeal.
Supporting Evidence
The petitioner submitted organizational charts, job descriptions, and financial documents in support of the petition. However, the evidence failed to align with the required definitions and standards for managerial capacity and qualifying relationships as set out in the INA. The AAO noted that the petitioner’s attempt to clarify these issues on motion was insufficient to overcome the grounds for denial.
Additional Notes
The AAO emphasized that the petitioner’s business operations and staffing levels at the time of filing did not support the claim that the beneficiary would be relieved from significant involvement in non-managerial duties. The petitioner’s subsequent business growth and additional staffing were not relevant to the eligibility determination at the time of filing.
Conclusion
Final Determination: The motion to reopen and reconsider was denied, affirming the initial denial of the petition. The petitioner failed to meet the burden of proof to establish eligibility for the requested immigration benefit.
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