Date of Decision: JAN. 25, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Multinational Executive Management
Beneficiary Information
Profession: President
Field: Multinational Executive Management
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a wine export and construction products business, sought to employ the beneficiary, a president, under the EB-1C classification for multinational executives or managers. The petitioner is a wholly-owned subsidiary of a Chinese company involved in international trading and sales of water treatment and air purification products. The beneficiary was employed as a deputy general manager in the foreign parent company before being transferred to the U.S. to assume the role of president in the petitioner’s business. The petition was filed to secure the beneficiary’s permanent residency under the EB-1C classification.
Key Issues
The main issues identified were the petitioner’s failure to demonstrate that the foreign parent company was conducting business as required to establish a qualifying multinational relationship. Additionally, the petitioner did not sufficiently prove that the beneficiary was employed abroad or in the U.S. in a managerial or executive capacity, nor that the petitioner was doing business continuously for at least one year before filing the petition.
USCIS Findings
USCIS determined that the petitioner failed to establish that its foreign parent company continued to conduct business, which is crucial to qualify as a multinational entity. The absence of evidence of ongoing business activities from the foreign parent company cast doubt on the existence of a qualifying relationship. As a result, the petition was denied, and the appeal was subsequently dismissed due to the failure to satisfy this fundamental eligibility requirement.
Supporting Evidence
The petitioner provided various documents, including business licenses, a building lease, customs declarations, invoices, and sales agreements. However, USCIS found that these documents did not adequately demonstrate that the foreign parent company was conducting business in a manner that met the regulatory requirements for multinational executives or managers.
Additional Notes
The appeal was dismissed primarily because the petitioner did not submit new evidence to address the deficiencies identified by USCIS. The petitioner relied on previously submitted documentation, which was insufficient to establish that the foreign parent company was still conducting business.
Conclusion
Final Determination: The appeal was dismissed due to the failure to establish a qualifying multinational relationship between the petitioner and its foreign parent company.
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