Date of Decision: December 22, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Wholesale Jewelry Management
Beneficiary Information
Profession: President and General Manager
Field: Wholesale Jewelry Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Denied
Case Overview
The petitioner, a wholesale jewelry company, sought to permanently employ the beneficiary as its President and General Manager under the EB-1C immigrant classification for multinational executives or managers. The petition was initially approved but later revoked by the Texas Service Center. The revocation was based on findings that the petitioner did not establish a qualifying relationship with the beneficiary’s former foreign employer, that the beneficiary did not act in a managerial or executive capacity abroad, and that the beneficiary would not act in such a capacity in the United States.
Key Issues
The key issues leading to the revocation and subsequent dismissal of the appeal centered around the petitioner’s inability to demonstrate that the beneficiary would primarily perform managerial or executive duties. The USCIS also cited concerns over conflicting descriptions of the beneficiary’s duties and whether the beneficiary’s position truly relieved them from performing non-qualifying operational tasks.
USCIS Findings
The USCIS determined that the petitioner’s evidence did not adequately demonstrate that the beneficiary’s role in the U.S. would be primarily managerial in nature. The organization failed to provide consistent and relevant documentation that could prove the beneficiary would oversee subordinate managers or professionals as required for EB-1C eligibility. Additionally, discrepancies in the descriptions of duties further weakened the petitioner’s case.
Supporting Evidence
The supporting evidence included letters, credit card statements, and organizational charts, none of which convincingly established that the beneficiary would function in a managerial capacity. The documentation provided by the petitioner did not introduce new facts or adequately address the issues raised in previous decisions.
Additional Notes
The petitioner’s repeated motions to reopen and reconsider were dismissed due to a lack of new, relevant evidence and an inability to overcome the grounds for revocation initially identified by the USCIS. The USCIS highlighted that the petitioner’s continued assertions did not provide sufficient legal or factual basis to reverse the decision.
Conclusion
Final Determination: The motion to reopen and motion to reconsider were both dismissed, affirming the revocation of the EB-1C petition.
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