Date of Decision: MAR. 15, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management Consulting Services
Beneficiary Information
Profession: Manager
Field: Management Consulting Services
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a provider of management consulting services, sought to employ the beneficiary as a manager under the EB-1C immigrant classification for multinational managers or executives. The beneficiary had been working in the United States for the petitioner, and the petition aimed to continue this employment in a managerial capacity.
Key Issues
The primary issues leading to the denial included the petitioner’s failure to demonstrate that the beneficiary would be employed in a managerial or executive capacity. Specifically, USCIS found inconsistencies in the job descriptions provided by the petitioner, which cast doubt on the beneficiary’s actual duties. Additionally, the petitioner failed to establish its ability to pay the proffered wage for the offered position.
USCIS Findings
USCIS determined that the petitioner did not provide sufficient evidence to prove that the beneficiary would primarily perform managerial duties. The provided job descriptions were inconsistent and did not clearly demonstrate that the beneficiary’s role would be predominantly managerial. Furthermore, the petitioner did not submit adequate financial documentation to prove its ability to pay the beneficiary the proffered wage.
Supporting Evidence
Key evidence considered in the decision included the petitioner’s job descriptions, organizational charts, and payroll records. The inconsistencies between the initial submission and the response to the Request for Evidence (RFE) contributed significantly to the denial. Additionally, the lack of proper financial documentation such as annual reports or audited financial statements played a crucial role in the dismissal of the appeal.
Additional Notes
USCIS emphasized the importance of consistent and clear evidence when proving managerial capacity and the ability to pay the proffered wage. The discrepancies in the petitioner’s submissions were a major factor in the denial of the petition.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to demonstrate the managerial nature of the offered position, the beneficiary’s prior employment abroad, and the petitioner’s ability to pay the proffered wage.
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