Date of Decision: May 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Retail Management
Beneficiary Information
Profession: President and Managing Director
Field: Retail Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Revoked
Appeal Outcome: Remanded
Case Overview
The petitioner, a specialty retail store operator, sought to employ the beneficiary as its President and Managing Director under the EB-1C classification for multinational executives or managers. This classification permits a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in a managerial or executive capacity. However, the Nebraska Service Center revoked the initially approved petition, leading to this appeal.
Key Issues
The Director identified several key issues leading to the revocation of the petition. These included:
- Lack of a qualifying relationship between the petitioner and the beneficiary’s foreign employer.
- Inadequate evidence that the beneficiary’s foreign employer continued operations abroad at the time of filing.
- Insufficient proof that the beneficiary was employed in a managerial or executive capacity abroad.
- Concerns regarding the beneficiary’s prospective employment in the U.S. in a similar capacity.
- A determination of fraud or willful misrepresentation related to the submission of altered documents and misstatements regarding the foreign affiliate.
USCIS Findings
The USCIS Director concluded that the petitioner failed to establish the necessary qualifying relationship and continued operation of the foreign affiliate. Additionally, the Director found that the petitioner did not sufficiently demonstrate that the beneficiary’s role in the U.S. would be managerial or executive. The Director also cited a finding of fraud based on allegedly altered documents submitted by the petitioner.
However, upon appeal, it was determined that the Director’s notice of intent to revoke (NOIR) was deficient. The NOIR did not adequately inform the petitioner of all derogatory information, nor did it provide a proper analysis supporting the fraud determination. This deficiency led to the decision being remanded.
Supporting Evidence
The petitioner submitted additional evidence on appeal, contesting the Director’s findings. The petitioner argued that the NOIR lacked clarity regarding the alleged derogatory information and that the fraud determination was unfounded. The petitioner also provided rebuttal evidence to demonstrate the continued operation of the foreign entity and the beneficiary’s managerial role.
Additional Notes
The remand was primarily due to procedural shortcomings in the Director’s handling of the case. The Director’s NOIR and subsequent decision did not fully articulate the reasons for revocation or provide the petitioner with a fair opportunity to contest the derogatory information.
Conclusion
Final Determination: The case was remanded for further proceedings, with the Director’s decision withdrawn. The Director is instructed to issue a new NOIR, properly addressing the deficiencies noted in the appeal and providing the petitioner with a fair opportunity to respond.
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