Date of Decision: FEB. 17, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Auto and Boat Dealership
Beneficiary Information
Profession: President
Field: Executive Management in Auto and Boat Dealership
Nationality: [Not specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, an auto and boat dealership, sought to permanently employ the Beneficiary as its President under the EB-1C classification for multinational executives or managers. The Beneficiary had been employed by the parent company overseas since January 2005 and transferred to the U.S. to serve as the President in 2007. The petition was filed to secure permanent residence for the Beneficiary under the EB-1C classification.
Key Issues
The main issues in this case revolved around the Petitioner’s failure to establish that the Beneficiary was employed by a qualifying entity overseas for at least one year in the three years preceding his entry into the United States. Additionally, the Petitioner could not sufficiently prove that the Beneficiary’s overseas role and the offered position in the U.S. were both in an executive capacity. Moreover, there was a lack of evidence supporting the Petitioner’s ability to pay the offered wage to the Beneficiary.
USCIS Findings
The USCIS determined that the Petitioner did not provide sufficient evidence to demonstrate that the Beneficiary was employed abroad in an executive capacity for the required period. Specifically, the organizational chart of the overseas company did not include the Beneficiary, and the submitted payroll records lacked proper documentation. Additionally, the offered position in the U.S. did not meet the criteria for an executive capacity role, as the duties were more operational than executive in nature.
Supporting Evidence
Key evidence considered in the decision included employment contracts, letters from the overseas employer, organizational charts, and payroll records. However, the evidence provided was inconsistent and insufficient, leading to the dismissal of the appeal.
Additional Notes
The USCIS noted that the Petitioner had been denied similar petitions for the Beneficiary in the past, both for nonimmigrant L-1A status and for immigrant visa classification. The recurring issues in these petitions contributed to the decision to dismiss the appeal.
Conclusion
Final Determination: The appeal was dismissed due to the failure to establish the Beneficiary’s qualifying employment abroad and the lack of evidence supporting the executive capacity of the roles in question.
Download the Full Petition Review Here
