Date of Decision: MAR. 15, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Executive Leadership in Restaurant Management
Beneficiary Information
Profession: President
Field: Executive Leadership in Restaurant Management
Nationality: Not specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, S-P-, LLC, a restaurant company, sought to permanently employ the beneficiary as its president under the EB-1C classification, intended for multinational executives or managers. The petitioner aimed to transfer the beneficiary, who was employed in an executive capacity overseas, to the United States to continue in a similar role within the company.
Key Issues
The primary issue revolved around the petitioner’s failure to submit sufficient evidence to support the motion to reopen and reconsider the initial denial. The petitioner’s lack of documentation, such as affidavits or other new facts, did not meet the criteria required to overturn the initial decision. Moreover, the petitioner’s modification of the Form I-290B, claiming additional evidence would be provided within 30 days, was not aligned with regulatory requirements.
USCIS Findings
USCIS determined that the petitioner’s motion did not satisfy the requirements for either reopening or reconsideration. Specifically, the petitioner failed to provide new facts or pertinent precedent decisions to support their motion. The absence of supporting documentation at the time of filing further weakened the petitioner’s case, leading to the denial of the motion.
Supporting Evidence
The petitioner did not submit any new evidence or affidavits alongside their motion. The claim to submit additional evidence within 30 days was deemed inadmissible as it did not comply with existing regulations. As a result, no substantial documentation was presented to alter the original decision.
Additional Notes
USCIS emphasized the importance of following proper procedural guidelines when filing motions to reopen or reconsider. The petitioner’s approach, which included altering the standard form and failing to submit new evidence, was highlighted as insufficient and non-compliant with USCIS regulations.
Conclusion
Final Determination: The motion to reopen and the motion to reconsider were both denied due to non-compliance with the required legal standards.
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