Date of Decision: September 10, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management Consulting
Petitioner Information
Profession: Associate partner
Field: Management Consulting
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, M-&C-, Inc., a management consulting company, sought to permanently employ the beneficiary, an associate partner, under the EB-1C classification for multinational executives or managers. The EB-1C classification is intended for multinational executives or managers who have been employed abroad in a managerial or executive capacity for at least one year in the three years preceding their transfer to the United States. The beneficiary was claimed to have been employed by the petitioner’s Indian subsidiary as a senior research analyst and later as a practice specialist before his transfer to the U.S.
Key Issues
The primary issue in this case was whether the beneficiary had been employed abroad in a managerial capacity for at least one year in the three years preceding his entry to the United States. The petitioner’s claim was that the beneficiary managed an essential function and supervised subordinate professional employees in his roles abroad. However, the Director found that the evidence provided did not sufficiently demonstrate that the beneficiary’s duties met the statutory and regulatory requirements for managerial capacity.
USCIS
The USCIS, upon review, determined that the petitioner did not establish that the beneficiary was employed abroad in a managerial capacity as defined under U.S. immigration law. The USCIS noted inconsistencies in the job descriptions provided by the petitioner and found that the beneficiary’s roles were more aligned with performing specialized tasks rather than managing an essential function or supervising professional employees in a way that met the statutory definition of a manager.
Supporting Evidence
Key evidence considered included the beneficiary’s job descriptions, organizational charts, and the petitioner’s response to a Request for Evidence (RFE). However, the evidence did not convincingly demonstrate that the beneficiary’s duties were managerial in nature. The petitioner’s attempt to combine the roles of senior research analyst and practice specialist into a single managerial function was not supported by sufficient objective evidence.
Additional Notes
The USCIS emphasized that merely using terms like “project management” or “resource deployment” without clear and specific evidence of managerial duties does not satisfy the requirements for the EB-1C classification. Furthermore, the petitioner failed to establish the beneficiary’s seniority within the organizational hierarchy or provide evidence that the beneficiary had the authority to make significant personnel decisions.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the burden of proof required to establish the beneficiary’s eligibility for the EB-1C classification as a multinational manager or executive.
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