Date of Decision: February 12, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: President and CEO
Beneficiary Information
Profession: President/CEO
Field: Multinational Executives or Managers
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, L-B-P-(US) Corp., a gas station and convenience store operation, sought to permanently employ the beneficiary as its President/CEO under the EB-1C classification for multinational executives or managers. This classification is intended for U.S. employers seeking to permanently transfer a qualified foreign employee to work in a managerial or executive capacity.
The Nebraska Service Center initially denied the petition, concluding that the petitioner failed to establish that the beneficiary would be employed in an executive capacity.
Key Issues
The primary issue revolved around whether the beneficiary would be employed in an executive capacity within the petitioner’s organization. The director noted that the petitioner’s organizational structure and staffing at the time of filing did not support the claim that the beneficiary would primarily perform executive duties. Additionally, the petitioner’s descriptions of the beneficiary’s job duties were found to be vague and lacking in specificity.
USCIS Findings
Upon review, the Administrative Appeals Office (AAO) determined that the petitioner did not provide sufficient evidence to demonstrate that the beneficiary would primarily engage in executive duties. The AAO noted that the beneficiary’s job description was broad and did not clearly describe specific daily tasks. Furthermore, the petitioner’s organizational chart at the time of filing did not support the claim that the beneficiary had a sufficient number of subordinates to relieve him from performing non-executive duties.
The AAO also highlighted that the petitioner’s reliance on business developments and staffing expansions that occurred after the petition was filed could not be considered in determining eligibility. The focus must be on the circumstances at the time of filing.
Supporting Evidence
The petitioner provided documentation including an organizational chart, job descriptions, and evidence of the petitioner’s business operations. However, these were deemed insufficient to establish that the beneficiary would be employed in an executive capacity, as the evidence did not clearly support the petitioner’s claims about the beneficiary’s role and duties.
Additional Notes
The AAO noted that despite previous L-1 petition approvals for the beneficiary, each petition is a separate proceeding, and the petitioner failed to meet the burden of proof in this case. The deficiencies in the job description and ambiguities in the role of the beneficiary’s subordinates were critical factors in the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed, and the initial denial of the petition was upheld due to the failure to demonstrate that the beneficiary would be employed in an executive capacity.
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