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: Specialized Services
Beneficiary Information
Profession: Manager
Field: Specialized Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, identifying itself as a “specialized services” provider, sought to permanently employ the beneficiary as its manager under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition based on five grounds: (1) the petitioner did not demonstrate the existence of a qualifying relationship between the petitioner and the beneficiary’s employer abroad; (2) the beneficiary would not be employed in the U.S. in a managerial capacity; (3) the beneficiary was not employed abroad in a managerial capacity; (4) the petitioner failed to demonstrate its ability to pay the beneficiary’s proffered wage; and (5) the petitioner and the beneficiary’s employer abroad were not doing business.
On appeal, the petitioner submitted additional evidence and argued that the Director’s decision was arbitrary and capricious. However, upon de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, concluding that the petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer. Since a qualifying relationship is fundamental to establishing eligibility, the AAO did not address the Director’s other findings.
Key Issues
The primary issue was whether the petitioner could demonstrate a qualifying relationship between the U.S. petitioner and the beneficiary’s foreign employer. The AAO determined that the petitioner failed to establish this relationship, as the petitioner and the foreign entity did not share common ownership or control, which is required to meet the statutory and regulatory provisions.
USCIS Findings
The AAO found that the petitioner admitted there was no common ownership with the foreign entity and instead claimed a “business relationship,” which is insufficient to establish a qualifying relationship. The AAO highlighted that common ownership and control are critical elements for determining whether a qualifying relationship exists between U.S. and foreign entities.
Supporting Evidence
The petitioner provided articles of organization, tax returns, and statements regarding its business relationship with the foreign entity. However, the evidence was insufficient to demonstrate the required qualifying relationship.
Additional Notes
The AAO emphasized that ownership and control are essential factors for establishing a qualifying relationship between U.S. and foreign entities, and a mere business association does not satisfy these requirements.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish a qualifying relationship with the beneficiary’s foreign employer, which is a fundamental requirement for the EB-1C classification.
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