Date of Decision: November 21, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: President and General Manager
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, Y-1, Inc., an operator of a used-car dealership, filed a petition seeking to employ the beneficiary as the president and general manager under the EB-1 classification for multinational executives and managers. The petitioner aimed to permanently transfer the beneficiary, who had previously worked in Venezuela, to the United States to continue rendering executive or managerial services. The petitioner claimed that the beneficiary had served as the general manager for the parent company in Venezuela for seven years before entering the United States in July 2014.
Key Issues
The main issues identified by the USCIS in denying the petition were the petitioner’s failure to establish that the beneficiary’s employment abroad was in an executive or managerial capacity and the lack of a qualifying relationship between the petitioner and the beneficiary’s foreign employer.
USCIS Findings
Upon review, the USCIS found that the petitioner did not sufficiently demonstrate the executive nature of the beneficiary’s job duties while employed abroad. The petitioner failed to provide detailed and specific evidence that the beneficiary’s role primarily involved executive functions such as directing the management of the organization or exercising wide latitude in discretionary decision-making. Furthermore, the job duties provided were vague and overlapping with those of subordinates, casting doubt on the executive nature of the position.
The USCIS also reviewed the organizational structure of the foreign company and found inconsistencies in the roles and responsibilities assigned to the beneficiary and her subordinates. Additionally, the petitioner did not adequately demonstrate that the beneficiary received only general supervision from higher-level executives, as required by the EB-1 classification.
Supporting Evidence
The petitioner submitted documents including the articles of incorporation, a stock certificate, and a federal income tax return to establish the qualifying relationship between the U.S. company and the foreign employer. However, the evidence provided was deemed insufficient to prove that the beneficiary’s foreign employment met the statutory requirements for executive capacity under the EB-1 classification.
Additional Notes
The USCIS emphasized the need for specific and detailed job descriptions to establish eligibility for the EB-1 classification. General statements and vague descriptions of duties were insufficient to meet the burden of proof required for this visa category.
Conclusion
Final Determination: The appeal was dismissed. The petitioner did not sufficiently demonstrate that the beneficiary’s employment abroad was in an executive capacity, and therefore, the petition was denied.
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