Date of Decision: NOV. 18, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Food Importation and Distribution
Beneficiary Information
Profession: Managing Director and Chief Executive Officer
Field: Food Importation and Distribution
Nationality: Argentinian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a limited liability company based in Delaware, sought to employ the Beneficiary as its Managing Director and Chief Executive Officer under the EB-1C classification for multinational executives or managers. The Petitioner operates in the field of food importation and distribution, with the Beneficiary having previously held an L-1A status. The appeal was filed following the denial of the Form I-140 petition by the Nebraska Service Center, which raised concerns regarding the Petitioner’s ability to pay the proffered wage, the continuity of its business operations in the U.S. for at least one year prior to the filing, and whether the Beneficiary would indeed be employed in an executive capacity.
Key Issues
The primary issues revolved around the Petitioner’s failure to establish:
- That it had been conducting business in a regular, systematic, and continuous manner in the U.S. for one year before filing the petition.
- The ability to pay the Beneficiary the proffered annual wage of $221,316.
- That the Beneficiary would be employed in an executive capacity in the U.S.
USCIS Findings
USCIS found that the Petitioner’s evidence was insufficient to demonstrate that it had been doing business in the U.S. for the required period. The documentation provided, such as a single invoice and a business plan from the foreign entity, did not substantiate regular and systematic business activities. Additionally, the Petitioner did not provide adequate evidence of the Beneficiary’s executive role within the organization, nor did it successfully establish that the Petitioner had the financial ability to pay the proffered wage.
Supporting Evidence
Key pieces of evidence considered in the decision included:
- The Petitioner’s tax returns and financial statements.
- Employment agreements and organizational charts.
- Invoices and contracts related to business activities.
- Documentation related to the Beneficiary’s prior L-1A status.
Additional Notes
USCIS noted contradictions in the Petitioner’s submissions, particularly regarding its organizational structure and the handling of its federal tax returns. The Petitioner’s inconsistent representation as either a sole proprietorship or a limited liability company further complicated the case, raising doubts about the legitimacy of the Petitioner as a multinational entity.
Conclusion
Final Determination: The appeal was dismissed, with USCIS concluding that the Petitioner failed to establish eligibility for the EB-1C classification due to the inability to demonstrate ongoing business operations in the U.S., insufficient evidence of the Beneficiary’s executive role, and failure to prove the ability to pay the proffered wage.
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