Date of Decision: July 13, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: President
Field: Business Management
Nationality: Chinese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company involved in the sale of furniture products, sought to permanently employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. The company argued that the beneficiary, who previously held a managerial position abroad, would continue to function in a managerial or executive capacity within the United States.
Key Issues
The key issues identified by the USCIS included the petitioner’s failure to establish that it had been conducting business as defined by the regulations for more than one year prior to filing the petition. Additionally, there was insufficient evidence to demonstrate that the beneficiary would be employed in a managerial or executive capacity in the U.S., that he was previously employed abroad in such a capacity, and that the company had the ability to pay the beneficiary’s proffered wage.
USCIS Findings
USCIS found that the petitioner did not provide adequate documentation to prove that the beneficiary’s primary duties would be managerial or executive in nature. The job descriptions submitted were inconsistent, and there was substantial evidence that the beneficiary was involved in non-qualifying operational tasks. Furthermore, the organizational structure presented did not support the claim that the beneficiary would be acting in a high-level executive or managerial capacity.
Supporting Evidence
The evidence provided included job descriptions, organizational charts, and various invoices and tax documents. However, the lack of specificity and supporting documentation related to the beneficiary’s executive-level duties weakened the petitioner’s case.
Additional Notes
The petitioner failed to address several other significant concerns raised by the USCIS, including the nature of the employer-employee relationship and the ability to pay the beneficiary’s wage. These issues, while reserved by USCIS, contributed to the overall decision.
Conclusion
Final Determination: The appeal was dismissed, and the denial of the petition was upheld. The petitioner did not meet the burden of proof required to establish that the beneficiary would be employed in a managerial or executive capacity.
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