Date of Decision: March 14, 2019
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: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
In this case, the petitioner, C-1-G Inc., a company involved in restaurant management, cosmetics trading, and real estate investment, sought to employ the beneficiary as its President under the EB-1C classification for multinational executives or managers. The petitioner claimed that the beneficiary, who had been working with the company since 2013, would continue to fulfill a managerial role in the United States.
Key Issues
The primary issue in this case was whether the petitioner could establish that the beneficiary would be employed in a managerial or executive capacity in the United States. The Director of the Nebraska Service Center found that the petitioner failed to demonstrate that the beneficiary’s role would be primarily managerial, as the company’s staffing structure did not support such a claim. Additionally, discrepancies in the petitioner’s descriptions of the beneficiary’s duties and the organization’s structure further complicated the case.
USCIS Findings
The USCIS determined that the petitioner’s organization was insufficiently staffed to relieve the beneficiary from performing non-qualifying duties. The company’s inconsistent staffing reports and conflicting job descriptions for the beneficiary led to questions regarding the credibility of the petition. The USCIS also noted that many of the employees were part-time, further undermining the petitioner’s claim that the beneficiary was functioning primarily in a managerial capacity.
Supporting Evidence
The petitioner provided an organizational chart and employee list, but these documents contained discrepancies and failed to consistently demonstrate that the beneficiary was employed in a managerial role. The petitioner’s revised job description for the beneficiary, submitted in response to a request for additional evidence, conflicted with the original submission, raising doubts about the accuracy of the information provided.
Additional Notes
The USCIS emphasized that while company size alone is not determinative, it is a relevant factor when assessing whether an organization’s operations are substantial enough to support a managerial role. The inconsistencies in the petitioner’s submissions, combined with the small size of the organization, led to the conclusion that the beneficiary’s role did not meet the criteria for a managerial position as defined under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed, as the petitioner failed to meet the burden of proof required to establish that the beneficiary was employed in a primarily managerial capacity.
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