Date of Decision: March 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management Consulting
Beneficiary Information
Profession: Management Consultant
Field: Management Consulting
Nationality: Polish
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a U.S.-based management consulting firm, sought to employ the beneficiary, a management consultant, under the EB-1C visa classification for multinational executives or managers. The beneficiary had previously worked for the petitioner’s foreign subsidiary in Poland and was later employed in the U.S. under an L-1A visa. The petitioner filed the Form I-140, seeking to classify the beneficiary as an EB-1C multinational executive or manager.
Key Issues
The primary issue in this case was whether the beneficiary had been employed in a managerial or executive capacity abroad for at least one year within the three years preceding their entry into the United States. The director of the Nebraska Service Center concluded that the beneficiary did not meet this requirement, as their qualifying employment abroad had ended more than two years before they entered the U.S.
USCIS Findings
The USCIS determined that the evidence provided by the petitioner was inconsistent and insufficient to establish that the beneficiary had been employed in a qualifying managerial or executive capacity during the required period. The discrepancies in the employment dates and the lack of contemporaneous documentation supporting the beneficiary’s employment timeline were critical in the decision to deny the petition.
Supporting Evidence
The petitioner submitted letters and employment records to support their claim that the beneficiary had worked in a managerial role during the relevant period. However, these documents contained conflicting dates, and the petitioner failed to provide additional evidence, such as payroll records or work products, to substantiate their claims.
Additional Notes
The USCIS emphasized the importance of providing consistent and well-documented evidence when establishing eligibility for immigration benefits. The petitioner’s inability to reconcile the discrepancies in the employment history and provide corroborating evidence was a significant factor in the denial of the appeal.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied, as the petitioner did not meet the burden of proof required to establish the beneficiary’s eligibility for the EB-1C classification.
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