Date of Decision: August 5, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Portfolio Management
Beneficiary Information
Profession: Portfolio Manager
Field: Portfolio Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a multinational company, filed a Form I-140 petition seeking to permanently employ the beneficiary as a portfolio manager under the EB-1C classification for multinational executives or managers. The company aimed to transfer the beneficiary to the U.S. to work in a managerial capacity. The beneficiary was already employed by the petitioner in the U.S. under an H-1B visa, holding the same position that was sought under the EB-1C classification.
Key Issues
The primary issue leading to the denial was the petitioner’s failure to establish that the beneficiary’s role in the U.S. met the criteria for being in a managerial capacity. Specifically, USCIS found insufficient evidence that the beneficiary’s duties as a portfolio manager involved primarily managing an essential function of the organization rather than performing the underlying tasks associated with that function.
USCIS Findings
USCIS determined that the petitioner did not adequately demonstrate that the portfolio management function the beneficiary was responsible for was essential to the organization. Despite the petitioner’s claims that the function generated significant revenue, this was not sufficient to prove that it was a core activity of the company. Furthermore, the petitioner’s organizational chart and job duty breakdown did not convincingly show that the beneficiary’s role was at a senior level or that his time would be primarily spent on managerial duties as opposed to operational tasks.
Supporting Evidence
The petitioner provided an organizational chart, a job duty breakdown, and assertions that the beneficiary would oversee a team of professional employees. However, these documents did not substantiate the claim that the beneficiary’s role was primarily managerial. The job descriptions included significant non-managerial tasks, and there was no clear allocation of time spent on managerial versus non-managerial duties.
Additional Notes
USCIS also noted that the petitioner’s description of the beneficiary’s duties leaned towards those of a personnel manager rather than a function manager, yet the petitioner did not provide sufficient evidence that the beneficiary would manage professional employees with the requisite educational qualifications.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to establish that the beneficiary’s role in the U.S. met the required criteria for managerial capacity under the EB-1C classification.
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