Date of Decision: August 31, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Gas Station and Convenience Store Management
Beneficiary Information
Profession: President
Field: Gas Station and Convenience Store Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a gas station and convenience store operator, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petitioner claimed that the beneficiary met the required qualifications, having been employed in a similar capacity abroad.
Key Issues
The petition was denied on several grounds:
- The petitioner failed to demonstrate that the beneficiary was employed in a managerial or executive capacity abroad for at least one year in the three years preceding his entry as a nonimmigrant.
- The petitioner did not establish a qualifying relationship with the beneficiary’s foreign employer.
- The petitioner failed to prove that the beneficiary would be employed in a managerial capacity in the United States.
- Additionally, USCIS found that both the petitioner and the beneficiary had willfully misrepresented material facts and that the beneficiary had previously committed marriage fraud, making him ineligible for the requested benefit under section 204(c) of the Act.
USCIS Findings
USCIS upheld the denial of the petition based on the petitioner’s failure to meet the regulatory requirements. The petitioner’s motion to reconsider was dismissed as untimely and incomplete. The petitioner argued that the delay in filing was due to not receiving the denial notice in time, but USCIS found that the notice had been properly mailed to the petitioner’s address on record. As a result, the appeal was dismissed.
Supporting Evidence
Key evidence included the initial denial letter, the motion to reconsider, and the appeal. However, the petitioner did not provide sufficient documentation to overcome the grounds for denial or to justify the untimely filing of the motion to reconsider.
Additional Notes
USCIS emphasized that the petitioner’s failure to timely file the motion to reconsider could not be excused under the relevant regulations, further supporting the decision to dismiss the appeal.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the filing requirements for a motion to reconsider and the inability to establish eligibility for the requested benefit.
Download the Full Petition Review Here
