Date of Decision: September 19, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management in Travel and Medical Tourism
Beneficiary Information
Profession: Manager and President
Field: Management in Travel and Medical Tourism
Nationality: Chinese
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Case Overview
The petitioner, G-T- LLC, is a travel agency that specializes in serving recreational and medical tourists from China. The petitioner sought to employ the beneficiary as its manager and president under the EB-1C classification for multinational executives or managers. The Form I-140 petition was initially approved by the Texas Service Center. However, the approval was later revoked based on the conclusion that the petitioner failed to establish that the beneficiary would be employed in a managerial or executive capacity within the United States.
Key Issues
The primary issue in this case was whether the petitioner sufficiently demonstrated that the beneficiary would be employed in an executive capacity. The Director of the Texas Service Center found that the petitioner’s job description for the beneficiary was vague and did not clearly delineate the beneficiary’s executive duties. Additionally, the petitioner’s organizational structure, which included part-time employees and low compensation for subordinates, further cast doubt on the executive nature of the beneficiary’s role.
USCIS Findings
The USCIS determined that the petition was approved in error, citing several reasons:
- The job description provided by the petitioner did not adequately demonstrate that the beneficiary’s duties were primarily executive in nature.
- The petitioner’s staffing levels and organizational structure did not support the claim that the beneficiary would be relieved from performing non-qualifying operational tasks.
- The evidence provided, including job offer letters and resumes, failed to establish that the beneficiary supervised managers or professionals, a requirement for the executive capacity classification.
- Prior approvals of nonimmigrant petitions (L-1A) were not sufficient to establish eligibility for the EB-1C immigrant classification.
Supporting Evidence
The petitioner submitted various documents, including job descriptions, organizational charts, and job offer letters, to support the beneficiary’s executive role. However, the USCIS found these documents insufficient and inconsistent. The evidence did not substantiate the claim that the beneficiary’s duties were primarily executive or that the petitioner had a subordinate level of managerial employees.
Additional Notes
USCIS emphasized that the approval of prior nonimmigrant petitions does not guarantee approval of an immigrant petition under the EB-1C classification. Each case is evaluated on its merits, and the petitioner must meet the burden of proof to establish eligibility for the requested benefit.
Conclusion
Final Determination: The appeal was dismissed, and the revocation of the previously approved petition was affirmed. The petitioner did not meet the burden of proof required to demonstrate that the beneficiary would be employed in an executive capacity in the United States.
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