Date of Decision: June 22, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Gas Stations and Convenience Stores
Beneficiary Information
Profession: President
Field: Gas Stations and Convenience Stores
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an operator of five gas stations and convenience stores, 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, citing the petitioner’s failure to overcome inconsistencies regarding the beneficiary’s employment abroad, which had previously led to a finding of willful misrepresentation of a material fact. Additionally, the Director found that the petitioner did not establish that the beneficiary would be employed in the U.S. in a managerial or executive capacity.
On appeal, the petitioner submitted previously provided evidence, arguing that the Director erred in not accepting the petitioner’s explanations for the discrepancies in the record. However, after a de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, affirming the Director’s findings.
Key Issues
The primary issues were whether the petitioner could demonstrate that the beneficiary had been employed abroad in a qualifying managerial or executive capacity and whether the petitioner could resolve prior findings of willful misrepresentation. The AAO determined that the petitioner failed to provide independent, objective evidence to resolve discrepancies and could not establish the beneficiary’s managerial or executive role in the U.S.
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. Moreover, the petitioner did not provide verifiable evidence to support claims regarding the beneficiary’s employment history abroad or to address prior findings of misrepresentation.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and affidavits, but the AAO found these to be insufficient to establish the beneficiary’s eligibility under the EB-1C classification.
Additional Notes
The AAO emphasized the importance of providing independent, objective evidence to resolve discrepancies in the record, particularly when there is a prior finding of willful misrepresentation.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to overcome the prior findings of misrepresentation and did not establish that the beneficiary would be employed in a qualifying managerial or executive capacity as required for the EB-1C classification.
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