Date of Decision: June 29, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Corporate Uniforms
Beneficiary Information
Profession: President
Field: Corporate Uniforms
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an importer and seller of corporate uniforms, sought to permanently employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. The Director of the Texas Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary would be employed in the U.S. in an executive capacity.
On appeal, the petitioner argued that the Director used an incorrect standard of proof and maintained that the beneficiary’s position required him to perform primarily executive duties. However, the Administrative Appeals Office (AAO) found that the petitioner did not provide sufficient specific details about the beneficiary’s daily tasks and did not resolve discrepancies in the organizational structure and employee status, leading to the dismissal of the appeal.
Key Issues
The primary issue was whether the petitioner could demonstrate that the beneficiary would be employed in an executive capacity in the U.S. The AAO determined that the petitioner did not provide sufficient evidence of the beneficiary’s executive duties and did not resolve inconsistencies regarding staffing and organizational structure.
USCIS Findings
The AAO found that the petitioner’s description of the beneficiary’s duties was vague and did not sufficiently establish that the beneficiary would primarily perform executive tasks. Additionally, discrepancies in the organizational chart, employee wage evidence, and the lack of sufficient support staff raised questions about the true nature of the beneficiary’s role.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and employee wage statements. However, the evidence was found to be inconsistent and insufficient to establish that the beneficiary would be employed in an executive capacity.
Additional Notes
The AAO emphasized that detailed job descriptions and consistent documentation are crucial for demonstrating a beneficiary’s executive capacity.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary would be employed in a qualifying executive capacity as required for the EB-1C classification.
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