Date of Decision: DEC. 28, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Automotive Industry
Beneficiary Information
Profession: President
Field: Automotive Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Summarily Dismissed
Case Overview
The petitioner, an automobile import/export and repair company, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. This classification is designed for those who have been employed abroad in a managerial or executive capacity and are being transferred to a similar position in the United States. The petitioner’s objective was to secure a permanent residence for the beneficiary in this capacity.
Key Issues
The denial of the petition was based on several critical issues. Firstly, the Director concluded that the petitioner failed to demonstrate that the beneficiary would be employed in a managerial or executive capacity within the United States. Additionally, it was not sufficiently established that the beneficiary had been employed abroad in such a capacity. Lastly, the petitioner did not provide adequate evidence to confirm its ability to pay the beneficiary’s proposed wage.
USCIS Findings
The USCIS found that the petitioner did not address the Director’s grounds for denial with specific evidence or arguments. Despite claiming that the Director’s conclusions were erroneous, the petitioner only provided generic statements on appeal without directly addressing the alleged errors. According to 8 C.F.R. § 103.3(a)(1)(v), an appeal can be summarily dismissed if it fails to identify any erroneous conclusions of law or fact. The USCIS, therefore, upheld the Director’s decision and summarily dismissed the appeal.
Supporting Evidence
The petitioner had indicated that additional evidence or a brief would be submitted within 30 days of filing the appeal. However, no further documentation or detailed arguments were provided to support the petitioner’s claims or to address the identified issues, resulting in the summary dismissal of the appeal.
Additional Notes
The USCIS reiterated that it is the petitioner’s burden to establish eligibility for the requested benefit, as per Section 291 of the Immigration and Nationality Act (INA). The failure to provide adequate supporting evidence or to specifically identify errors in the Director’s decision led to the denial of the appeal.
Conclusion
Final Determination: The appeal was summarily dismissed due to a lack of specific evidence or arguments addressing the Director’s conclusions.
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