Date of Decision: APR. 20, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Engineering Consultation Services
Beneficiary Information
Profession: General Manager
Field: Engineering Consultation Services
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company providing engineering consultation services, sought to employ the beneficiary as a General Manager under the EB-1C classification for multinational executives or managers. This classification is intended to facilitate the transfer of qualified foreign employees to the United States to work in an executive or managerial capacity. The petitioner aimed to secure permanent residency for the beneficiary, who had been employed in a managerial role outside the United States.
Key Issues
The primary issue in this case was whether the petitioner successfully demonstrated that the beneficiary had been employed abroad in a managerial capacity. USCIS also raised concerns about the petitioner’s ability to establish a qualifying relationship with the beneficiary’s foreign employer, the ability to pay the beneficiary’s proffered wage, and the beneficiary’s future employment in the U.S. in a managerial or executive role. However, the appeal was ultimately dismissed based on the failure to prove the beneficiary’s prior managerial capacity, rendering the other issues moot.
USCIS Findings
USCIS determined that the petitioner did not provide sufficient evidence to prove that the beneficiary had been employed in a managerial capacity abroad. The petitioner’s submissions, including a supporting statement and an organizational chart, were deemed insufficient as they lacked details regarding the beneficiary’s specific job duties and role within the foreign organization. The Director of the Texas Service Center highlighted the lack of a detailed job description and the failure to address the evidentiary deficiencies noted in the notice of intent to deny (NOID). The appeal was dismissed on these grounds.
Supporting Evidence
The petitioner submitted a statement and an organizational chart, which were intended to support the beneficiary’s role as a manager. However, the evidence did not adequately detail the nature of the beneficiary’s responsibilities or her placement within the foreign entity’s organizational structure. The lack of a complete and accurate translation of the beneficiary’s resume further weakened the petitioner’s case.
Additional Notes
The petitioner referenced previous approvals of nonimmigrant petitions for the beneficiary as evidence of eligibility. However, USCIS clarified that prior approvals do not guarantee approval of subsequent petitions if eligibility is not clearly established. The appeal was dismissed because the petitioner failed to provide critical evidence necessary to substantiate the beneficiary’s managerial role abroad.
Conclusion
Final Determination: The appeal was dismissed due to insufficient evidence demonstrating the beneficiary’s employment abroad in a managerial capacity.
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