Date of Decision: March 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Marketing Management
Beneficiary Information
Profession: Marketing Manager
Field: Marketing Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a steel dealer based in the United States, sought to employ the beneficiary, a foreign national, as a Marketing Manager under the EB-1C immigrant classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity.
Key Issues
The primary issues leading to the denial were twofold: First, the petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive capacity within the United States. Second, there was insufficient evidence to prove that the beneficiary had been employed abroad in a qualifying managerial or executive role before the filing of the petition.
USCIS Findings
The USCIS found that the evidence submitted was insufficient to meet the requirements of a managerial or executive role. Additionally, the petitioner attempted to submit new evidence after the petition’s initial filing, which the USCIS deemed inadmissible for reconsideration. The Director also noted that the petitioner’s motion to reconsider failed to establish any errors in the previous decision, nor did it introduce new, substantive arguments or precedents.
Supporting Evidence
The petitioner submitted additional documentary evidence intended to support the beneficiary’s qualification after the initial petition was filed. However, this evidence was related to events that occurred after the petition’s filing date, rendering it irrelevant under the regulations. The omission of critical evidence during the petition’s initial review was cited as grounds for the denial.
Additional Notes
The Director emphasized that motions to reopen or reconsider must be supported by new facts or evidence that could influence the outcome of the decision. In this case, the petitioner did not meet the burden of proof necessary to justify reopening or reconsideration, resulting in the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial was upheld due to insufficient evidence and failure to meet the necessary criteria for the requested immigration benefit.
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