Date of Decision: November 24, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Transportation and Logistics
Beneficiary Information
Profession: International Logistics Manager
Field: Supply Chain and Logistics
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The Petitioner, a transportation and logistics company, sought to employ the Beneficiary as an International Logistics Manager under the EB-1C category for multinational executives or managers. The Beneficiary was tasked with managing various logistics and supply chain operations for the company, primarily serving a major client. However, the petition faced scrutiny regarding the nature of the Beneficiary’s managerial or executive role both abroad and in the United States.
Key Issues
The primary issue was whether the Beneficiary’s role met the criteria for being classified as managerial or executive. The USCIS found that the Beneficiary’s job duties were not sufficiently detailed to prove that they were primarily managerial or executive in nature. Additionally, inconsistencies in the documentation regarding the Beneficiary’s subordinates and their roles further weakened the petition. The lack of clear evidence that the Beneficiary would be performing managerial or executive tasks was a significant factor in the decision.
USCIS Findings
USCIS determined that the Petitioner did not provide enough evidence to establish that the Beneficiary would be employed in a managerial or executive capacity. The evidence provided, including job descriptions and organizational charts, was either vague or inconsistent. The USCIS emphasized that merely stating that a role is managerial or executive does not meet the burden of proof; specific details and evidence are required.
Supporting Evidence
The Petitioner submitted various documents, including a job description form and letters from company executives. However, these documents lacked the necessary detail and failed to clearly outline the Beneficiary’s duties in a way that demonstrated managerial or executive capacity. Additionally, the organizational charts presented inconsistencies in the number and roles of the Beneficiary’s subordinates.
Additional Notes
The USCIS also noted that the Beneficiary’s role abroad was not clearly defined as managerial or executive, further complicating the case. The Petitioner’s inability to provide consistent and specific evidence regarding both the U.S. and foreign roles of the Beneficiary was a key reason for the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed due to the Petitioner’s failure to establish that the Beneficiary was employed or would be employed in a managerial or executive capacity, as required for the EB-1C classification.
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