Date of Decision: FEB. 9, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Operation of spas, salons, and boutiques
Beneficiary Information
Profession: President/Director
Field: Operation of spas, salons, and boutiques
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company engaged in various services, including communications, vending, and the operation of spas, salons, and boutiques, sought to employ the beneficiary as its president/director under the EB-1C immigrant classification for multinational executives or managers. The petition was filed to obtain permanent residency for the beneficiary, who was claimed to have been employed abroad in a managerial or executive capacity with a qualifying organization.
Key Issues
The key issues in the denial of the petition included the petitioner’s failure to establish that it was doing business in the United States for at least one year prior to the petition filing, as required by regulations. Additionally, the USCIS found insufficient evidence that the beneficiary was employed in a managerial or executive capacity either in the United States or abroad. Furthermore, there was a significant issue regarding the petitioner’s alleged willful misrepresentation of material facts, particularly regarding the beneficiary’s employment history.
USCIS Findings
The USCIS determined that the petitioner failed to demonstrate that it had been regularly conducting business for the requisite one-year period before filing the petition. Despite the petitioner’s claims of involvement in multiple businesses, including spas and cell phone stores, the evidence provided, such as invoices and business licenses, was not sufficient to prove continuous business operations. Additionally, the USCIS found discrepancies in the beneficiary’s employment history, leading to a finding of willful misrepresentation by both the petitioner and the beneficiary.
Supporting Evidence
The petitioner submitted various documents, including business licenses, lease agreements, and invoices, to support its claim of doing business. However, these were not sufficient to meet the regulatory requirements. The USCIS also noted inconsistencies in the beneficiary’s employment history, which further undermined the petition.
Additional Notes
The finding of willful misrepresentation of material facts by both the petitioner and the beneficiary is a significant aspect of this case. This finding may have implications for the beneficiary’s admissibility in any future immigration proceedings.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the required criteria, including proof of doing business for at least one year and the accurate representation of the beneficiary’s employment history.
