Date of Decision: May 14, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: IT Program Management
Beneficiary Information
Profession: IT Program Manager
Field: Software Development and Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a software development and consulting company, sought to employ the beneficiary as an IT Program Manager under the EB-1C classification, intended for multinational executives or managers. The petition aimed to transfer the beneficiary from a foreign affiliate to the U.S. to continue in a managerial role. However, the initial petition was denied due to the lack of evidence proving that the beneficiary was employed in a managerial or executive capacity abroad or would be so employed in the United States. The petitioner appealed, submitting additional evidence to support their claims.
Key Issues
The main issues in this case revolved around whether the beneficiary’s role both abroad and in the United States met the criteria for managerial capacity as required under the EB-1C classification. USCIS found inconsistencies in the job descriptions provided, with the initial petition presenting the beneficiary as a senior software engineer rather than in a managerial role. Additionally, the petitioner failed to provide sufficient evidence that the beneficiary’s duties were primarily managerial rather than operational.
USCIS Findings
USCIS determined that the petitioner did not establish that the beneficiary was employed in a managerial capacity abroad. The job descriptions were vague and inconsistent, and the additional evidence provided on appeal failed to resolve these inconsistencies. USCIS also noted that the petitioner did not sufficiently demonstrate that the beneficiary would be employed in a managerial capacity in the United States. The provided job descriptions lacked specificity and failed to clearly define the managerial nature of the duties.
Supporting Evidence
The petitioner submitted emails and additional job descriptions on appeal to support the managerial claim. However, these were found to be inconsistent with the initial evidence, and the new descriptions introduced were not considered credible. The organizational chart and job descriptions provided also failed to demonstrate that the beneficiary managed professional employees or an essential function within the company.
Additional Notes
USCIS emphasized the importance of providing clear, consistent, and detailed job descriptions that accurately reflect the managerial duties of the position. In this case, the discrepancies between the initial and subsequent job descriptions undermined the credibility of the petitioner’s claims.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial of the EB-1C petition was upheld. The petitioner failed to meet the burden of proof required to establish the beneficiary’s eligibility under the EB-1C classification for multinational executives or managers.
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