Date of Decision: May 26, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Import and Sales of Cabinets and Home Decor
Beneficiary Information
Profession: Manager
Field: Import and Sales of Cabinets and Home Decor
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an importer and seller of cabinets and home decor, 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 record did not establish that the beneficiary was employed abroad by a qualifying entity for at least one year during the relevant three-year period and that the beneficiary would be employed in the United States in a managerial or executive capacity.
On appeal, the petitioner submitted additional evidence but failed to overcome the Director’s findings. The Administrative Appeals Office (AAO) conducted a de novo review and dismissed the appeal, agreeing with the Director that the petitioner did not meet the requirements for the EB-1C classification.
Key Issues
The primary issues were whether the petitioner could demonstrate that the beneficiary had the required one year of qualifying employment abroad within the relevant time frame and whether the beneficiary would be employed in a managerial or executive capacity in the U.S. The AAO determined that the petitioner failed to provide sufficient evidence to establish these requirements.
USCIS Findings
The AAO found that the beneficiary did not meet the one-year foreign employment requirement because of inconsistencies in the employment history provided by the petitioner. Additionally, the AAO found that the petitioner did not sufficiently demonstrate that the beneficiary’s U.S. role would primarily involve managerial or executive duties, as required by the EB-1C classification.
Supporting Evidence
The petitioner provided job descriptions, organizational charts, and other documents, but these were found to be inconsistent and insufficient to meet the regulatory requirements for the EB-1C classification.
Additional Notes
The AAO emphasized the importance of providing clear, consistent, and verifiable documentation to establish both the foreign employment requirement and the managerial or executive capacity of the U.S. position.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the foreign employment requirement and would be employed in a qualifying managerial or executive capacity.
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