Date of Decision: September 18, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Logistics Management
Petitioner Information
Profession: Logistics Manager
Field: Logistics Management
Nationality: Nationality Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, S-P-C- LLC, a potato chip manufacturer, filed a petition to employ a beneficiary as a logistics manager under the EB-1C classification for multinational executives or managers. The petition sought to transfer the beneficiary permanently to the U.S. from Canada, where he had been employed by a related entity.
Key Issues
The primary issues in this case were whether the petitioner could establish a qualifying relationship with the beneficiary’s former foreign employer and whether the beneficiary had been employed in a managerial or executive capacity abroad.
USCIS Findings
USCIS found that the petitioner failed to demonstrate the necessary qualifying relationship between the U.S. entity and the beneficiary’s foreign employer. The AAO determined that the companies did not share common ownership, a critical requirement under U.S. immigration law. The petitioner’s claims of de facto control and indirect ownership were insufficient to meet the regulatory standards.
Supporting Evidence
Key evidence considered included corporate documentation, ownership records, and the petitioner’s arguments regarding the control and ownership of the involved entities. The AAO emphasized that ownership and control, as defined by regulation, are essential to establish a qualifying relationship.
Additional Notes
The petitioner cited various cases in an attempt to support their argument, including Sun Moon Star Advanced Power, Inc. v. Chappel and Matter of Tessel, Inc., but the AAO found these citations did not adequately address the specific ownership and control issues present in this case.
Conclusion
Final Determination: The motion to reconsider was denied, with the AAO affirming the initial decision that the petitioner failed to establish the required qualifying relationship and managerial employment abroad.
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