Date of Decision: April 20, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Restaurant Management and Real Estate Investment
Beneficiary Information
Profession: Managing Director
Field: Restaurant Management and Real Estate Investment
Nationality: Not Specified
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Dismissed
Case Overview
The Petitioner, a company operating a restaurant through its subsidiary, sought to employ the Beneficiary, its Managing Director, under the EB-1C classification for multinational executives or managers. This petition was initially approved but later revoked by the Director of the Nebraska Service Center. The revocation was based on the grounds that the Petitioner failed to prove that the Beneficiary would be employed in a managerial or executive capacity, that the Beneficiary had been employed abroad in such a capacity, and that the Petitioner was still doing business as required by regulations.
Key Issues
The primary issues leading to the revocation of the petition were the closure of the Petitioner’s restaurant, which was the core of its business operations and the foundation of the Beneficiary’s proposed role in the U.S. This raised doubts about whether the Petitioner was still doing business and whether the Beneficiary could fulfill the managerial or executive role as claimed. Additionally, the Petitioner did not respond to a Notice of Intent to Deny (NOID) and Request for Evidence (RFE) issued by the USCIS, leading to the abandonment of the petition.
USCIS Findings
The USCIS found that the Petitioner did not adequately demonstrate that it was still operating a business that could employ the Beneficiary in a qualifying managerial or executive capacity. The Petitioner’s failure to respond to the NOID/RFE was also noted, and despite the Petitioner’s claim that the NOID/RFE was sent to the wrong address, the USCIS determined that the notice was correctly served. The closure of the restaurant, which was central to the Beneficiary’s role, and the lack of evidence of ongoing business activities, led to the conclusion that the petition was correctly revoked.
Supporting Evidence
The Petitioner submitted various documents, including a lease agreement, marketing materials, and a business plan for a potential hotel project. However, the USCIS determined that this evidence did not demonstrate ongoing business operations sufficient to support the Beneficiary’s employment in a managerial or executive capacity, particularly after the closure of the restaurant.
Additional Notes
The Petitioner’s motion to reopen and reconsider the case was based on the argument that the NOID/RFE was not received due to it being sent to the wrong address. However, USCIS found that the notice was sent to both the address on record and the Petitioner’s current address, and the Petitioner’s failure to respond was deemed to be abandonment of the matter. The USCIS also found that even if the motion had merit, the new evidence provided did not establish that the Petitioner was currently doing business or that the Beneficiary was eligible for the requested benefit.
Conclusion
Final Determination: The motion to reopen and reconsider the appeal was dismissed, upholding the revocation of the petition.
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