Date of Decision: September 8, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Human Resources Management
Beneficiary Information
Profession: Human Resources Manager
Field: Human Resources Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a professional television and film equipment distributor, sought to employ the beneficiary, a human resources manager, under the EB-1C classification for multinational executives or managers. The petition aimed to secure permanent employment for the beneficiary in the United States, claiming the beneficiary had been employed abroad in a managerial capacity for at least one year within the three years preceding the petition. The petitioner asserted that the beneficiary would continue to provide managerial services to the same employer or its affiliate in the U.S.
Key Issues
The primary issue in this case was whether the petitioner established a qualifying relationship between itself and the beneficiary’s former foreign employer. The petitioner claimed that a qualifying relationship existed due to common ownership and control, as the same group of individuals allegedly owned significant shares in both entities. However, the USCIS questioned the evidence provided, particularly the lack of substantial documentation supporting the claimed ownership structure.
USCIS Findings
The USCIS concluded that the petitioner failed to demonstrate a qualifying relationship between the U.S. entity and the foreign employer. The petitioner did not provide sufficient documentary evidence, such as stock certificates, corporate bylaws, or meeting minutes, to substantiate the claimed ownership. Moreover, the ownership structure did not meet the definition of “affiliates” as per the regulations, as the two companies were not owned by the same group of individuals holding similar ownership proportions.
Supporting Evidence
The petitioner submitted IRS Form 1120, indicating ownership percentages and a letter signed by the owners of the foreign employer. Despite this, the USCIS determined that these documents alone were insufficient to establish ownership and control as required. The lack of detailed corporate records and agreements further weakened the petitioner’s case.
Additional Notes
The petitioner emphasized the familial relationships among the owners of both entities, arguing that this established common control. However, USCIS noted that familial ties do not constitute a qualifying relationship under the relevant immigration regulations. The decision was also influenced by the petitioner’s failure to submit additional evidence requested in a previous request for evidence (RFE).
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to demonstrate a qualifying relationship between the U.S. and foreign entities, and the lack of substantial evidence to support the ownership and control claims.
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