Date of Decision: September 20, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Online Gaming and Software Development
Petitioner Information
Profession: General Manager
Field: Online Gaming and Software Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner in this case is an online gaming and software development company seeking to permanently employ the beneficiary as a general manager under the EB-1C classification for multinational executives or managers. The petitioner claimed that the beneficiary, who previously held an executive role abroad, would be employed in a similar capacity within the United States.
Key Issues
The USCIS identified several key issues that led to the denial of the petition:
- The petitioner failed to establish that it was “doing business” as defined by regulations, as it did not demonstrate regular, systematic, and continuous provision of services.
- Insufficient evidence was provided to confirm that the beneficiary was employed in a managerial or executive capacity in their previous position abroad.
- The petitioner could not adequately prove that the beneficiary would be employed in an executive capacity within the United States.
USCIS Findings
The USCIS found that the petitioner did not provide enough evidence to meet the regulatory requirements for the EB-1C classification. Specifically:
- The petitioner could not show that it had been “doing business” for at least one year prior to the petition filing date. The provided financial documents indicated no income, which suggested that the company was not engaged in regular business activities.
- The beneficiary’s job descriptions were too vague and lacked detail on the day-to-day duties necessary to establish their executive role, both abroad and in the United States.
- The petitioner’s organizational structure was inconsistent, and there was insufficient evidence of the beneficiary’s role within a complex hierarchy that is typical for an executive position.
Supporting Evidence
The supporting evidence considered included IRS forms, organizational charts, job descriptions, and company documents. However, the evidence was deemed insufficient, with the USCIS noting that the provided materials did not substantiate the claims of executive duties and the petitioner’s operational capacity.
Additional Notes
The petitioner’s inconsistent organizational structure and lack of detailed documentation were highlighted as significant shortcomings. The USCIS emphasized the importance of specific and corroborative evidence when establishing the eligibility of a beneficiary for executive classification.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the regulatory requirements necessary to establish the beneficiary’s eligibility for the EB-1C classification.
Download the Full Petition Review Here
