Date of Decision: May 31, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Indian Restaurant Management
Beneficiary Information
Profession: Manager
Field: Indian Restaurant Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an Indian restaurant, sought to permanently employ the beneficiary as its manager under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that: (1) the beneficiary would be employed in the United States in a managerial capacity; and (2) the beneficiary was employed abroad in a managerial capacity.
On appeal, the petitioner argued that the beneficiary had been and would be employed in a managerial capacity, emphasizing that the beneficiary would assume the role of a function manager focusing on business development and financial management. However, after a de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, finding that the petitioner failed to provide sufficient evidence to demonstrate that the beneficiary’s duties were primarily managerial in nature, either in the U.S. or abroad.
Key Issues
The primary issues were whether the petitioner could demonstrate that the beneficiary would be employed in a managerial capacity in the U.S. and whether the beneficiary was employed abroad in a managerial capacity. The AAO determined that the petitioner failed to provide sufficient specific details about the beneficiary’s daily tasks, both in the U.S. and abroad, and did not resolve inconsistencies in the job descriptions provided.
USCIS Findings
The AAO found that the petitioner’s description of the beneficiary’s duties was vague and did not sufficiently establish that the beneficiary would primarily perform managerial tasks. Additionally, the AAO noted that the petitioner did not resolve inconsistencies between the initial job description and the duties provided in response to a Request for Evidence (RFE), which further weakened the case. The AAO also highlighted that the petitioner did not adequately establish a qualifying relationship between the U.S. petitioner and the foreign entity.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and other documents. However, the evidence was found to be inconsistent and insufficient to establish that the beneficiary would be employed in a managerial capacity.
Additional Notes
The AAO emphasized the importance of providing detailed job descriptions, consistent documentation, and clear organizational structures when seeking to demonstrate that a beneficiary will be employed in a managerial capacity.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary was employed in a qualifying managerial capacity abroad or would be employed in such a capacity in the U.S., as required for the EB-1C classification.
Download the Full Petition Review Here
