Date of Decision: August 6, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Freight Forwarding
Beneficiary Information
Profession: Operations Manager
Field: Freight Forwarding
Nationality: Filipino
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a freight forwarding company primarily serving the Filipino community in the Hawaiian Islands, sought to employ the beneficiary as an Operations Manager under the EB-1C category for multinational executives or managers. The position required the beneficiary to manage various operational aspects of the business, including overseeing the collection, consolidation, and shipment of “care boxes” from Hawaii to the Philippines.
Key Issues
The key issue identified was whether the petitioner provided sufficient evidence to demonstrate that the beneficiary’s role would be in a managerial capacity. The petitioner claimed that the beneficiary would be responsible for “running the business” and ensuring the smooth daily operations. However, the evidence submitted did not convincingly establish that the role met the statutory definition of a managerial capacity, as required for the EB-1C classification.
USCIS Findings
The USCIS found that the duties described by the petitioner were primarily operational and administrative rather than managerial. Despite the petitioner’s assertion that the beneficiary would manage essential functions of the business, the evidence did not support this claim. The petitioner failed to provide adequate proof that the beneficiary would be relieved from performing day-to-day operational tasks and did not establish that the beneficiary would primarily engage in managerial duties.
Supporting Evidence
The petitioner submitted an organizational chart, wage evidence, and a list of the beneficiary’s responsibilities. However, the USCIS determined that this evidence was insufficient to prove that the beneficiary would occupy a managerial role. Notably, the petitioner did not provide the requested evidence of contractual labor to support their claim that independent contractors handled many of the operational tasks.
Additional Notes
The decision emphasized the importance of distinguishing between managerial duties and operational tasks in EB-1C petitions. The petitioner’s reliance on outsourcing did not adequately demonstrate that the beneficiary’s role would be primarily managerial, as required by the statute.
Conclusion
Final Determination: The appeal was dismissed, and the USCIS upheld the decision to deny the petition on the grounds that the beneficiary’s proposed employment did not meet the requirements for a managerial capacity under the EB-1C classification.
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