Date of Decision: April 11, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Manager of International Sales
Beneficiary Information
Profession: Manager of International Sales
Field: International Sales Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a motor vehicle exporter, sought to permanently employ the beneficiary as a Manager of International Sales under the EB-1C classification for multinational executives or managers. The beneficiary was employed abroad by the petitioner’s parent company and was proposed to be transferred to the United States to fulfill a managerial role within the petitioner’s organization.
Key Issues
The main issues leading to the denial of the petition were the petitioner’s failure to demonstrate that the beneficiary would be employed in the United States in a managerial capacity. Additionally, the petitioner could not establish that the beneficiary had been employed abroad in a managerial role before entering the United States. Another critical issue was the petitioner’s inability to prove its financial capacity to pay the beneficiary the proffered wage.
USCIS Findings
The USCIS found that the petitioner did not adequately show that the beneficiary would be performing primarily managerial duties in the United States. The beneficiary’s proposed job duties indicated that a significant portion of time would be spent on non-managerial tasks, particularly sales-related activities, which could not be classified as managerial. Moreover, the petitioner amended organizational structures and job titles without clear explanations, leading to concerns about the credibility and consistency of the provided information. Furthermore, the petitioner failed to address the requirement to prove its ability to pay the beneficiary’s proffered wage.
Supporting Evidence
Key evidence included organizational charts, job descriptions, and financial documentation. However, the USCIS found inconsistencies in the job duties and organizational roles, and the financial documentation was insufficient to prove the petitioner’s ability to meet wage obligations.
Additional Notes
The petitioner’s argument that the size and capacity of the foreign parent company should influence the determination was not sufficient to overcome the identified deficiencies. The motion to reconsider was denied as it did not address the core issues that led to the dismissal of the appeal.
Conclusion
Final Determination: The USCIS denied the motion to reconsider, upholding the denial of the petition based on the petitioner’s failure to meet the required burden of proof.
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