Date of Decision: September 6, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Marketing Management
Petitioner Information
Profession: Marketing Manager
Field: Marketing Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
In this case, the petitioner, a software company coordinating ride-sharing and delivery networks, sought to employ the beneficiary, a Marketing Manager, under the EB-1C classification for multinational executives or managers. The classification allows U.S. employers to transfer qualified foreign employees to the U.S. to work in a managerial or executive capacity. The petitioner aimed to prove that the beneficiary would serve in a managerial role, primarily overseeing the marketing efforts for the company’s food delivery business within a specific metropolitan area.
Key Issues
The main issues identified by USCIS were the petitioner’s failure to establish that the beneficiary would be employed in the U.S. in a managerial capacity and that the beneficiary had been employed abroad in such a capacity. The director found the petitioner’s descriptions of the beneficiary’s duties to be vague and inconsistent, with insufficient evidence to demonstrate that the beneficiary’s role was primarily managerial rather than operational.
USCIS Findings
USCIS determined that the petitioner did not adequately prove that the beneficiary’s position met the statutory definition of a “managerial capacity.” The evaluation considered the nature of the beneficiary’s duties, the organization’s structure, and the responsibilities of the subordinate employees. The petitioner failed to demonstrate that the beneficiary would be primarily engaged in managerial duties, as the evidence provided included tasks that were operational in nature, such as creating content and managing day-to-day marketing activities.
Supporting Evidence
Key evidence included descriptions of the beneficiary’s responsibilities, such as managing strategic partnerships and overseeing marketing campaigns. However, USCIS found that this evidence did not sufficiently establish the managerial nature of the beneficiary’s role. Furthermore, discrepancies in the descriptions of the beneficiary’s responsibilities at different stages of the application process weakened the petitioner’s case.
Additional Notes
USCIS also noted that the petitioner did not provide adequate documentation to verify the professional level of the beneficiary’s subordinates, which is critical in proving a managerial role. Additionally, changes in the beneficiary’s responsibilities after the petition filing date were not considered valid for establishing eligibility at the time of filing.
Conclusion
Final Determination: The appeal was dismissed, and the petition was denied due to the petitioner’s inability to demonstrate that the beneficiary’s role met the requirements for a managerial capacity under the EB-1C classification.
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