Date of Decision: January 11, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Cargo Transportation
Beneficiary Information
Profession: Manager
Field: Cargo Transportation
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a cargo transportation company, sought to permanently employ the beneficiary as a manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer.
On appeal, the petitioner submitted additional evidence and argued that the Director’s finding regarding the qualifying relationship was incorrect. However, upon de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, finding that the petitioner failed to provide sufficient evidence to establish a qualifying relationship between the U.S. petitioner and the foreign employer. Specifically, the AAO noted deficiencies in the documentation provided, including inconsistencies in ownership information and a lack of evidence showing that the foreign entity was still actively doing business at the time of filing.
Key Issues
The primary issue was whether the petitioner could demonstrate a qualifying relationship with the foreign employer. The AAO determined that the petitioner failed to meet this requirement due to insufficient evidence and documentation inconsistencies.
USCIS Findings
The AAO found that the petitioner did not provide sufficient evidence to establish a qualifying relationship with the foreign employer. The AAO noted that the petitioner failed to submit adequate ownership documentation and did not provide proof that the foreign entity was still actively conducting business.
Supporting Evidence
The petitioner submitted a share certificate, a partnership agreement, and other documents. However, these were found insufficient to establish the necessary qualifying relationship and continuity of business operations.
Additional Notes
The AAO emphasized the importance of consistent, detailed, and credible evidence in establishing a qualifying relationship and ongoing business activities under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification.
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