Date of Decision: March 21, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Information Technology Services
Beneficiary Information
Profession: President
Field: Information Technology Services
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an information technology services company, sought to employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. This classification is intended for U.S. employers who wish to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity.
The Director of the Nebraska Service Center initially denied the petition in May 2018, stating that the petitioner failed to demonstrate that the beneficiary had been employed abroad in a managerial or executive capacity and that the petitioner would employ the beneficiary in such a capacity within the United States. The petitioner subsequently filed a motion to reconsider, which was also denied.
Key Issues
The key issues in this case centered around the petitioner’s inability to establish two critical points: (1) that the beneficiary had been employed in a managerial or executive capacity abroad, and (2) that the U.S. position offered would also be in a managerial or executive capacity. Additionally, the motion to reconsider failed to meet the necessary criteria, as it attempted to introduce new facts and revised job descriptions rather than demonstrating any errors of law or policy in the original decision.
USCIS Findings
The USCIS determined that the petitioner’s motion to reconsider did not fulfill the requirements, as it did not identify any specific errors of law or fact in the Director’s decision. Instead, the petitioner revisited and contested the earlier denial, introducing new job descriptions that were not part of the original record. The USCIS reaffirmed that the submission of new evidence in a motion to reconsider is not appropriate, as the purpose of such a motion is to show that the original decision was incorrect based on the record at that time.
Supporting Evidence
The petitioner submitted revised job descriptions for the beneficiary and his subordinates, which were not considered relevant as they were introduced after the initial decision. The USCIS emphasized that such evidence could not retroactively prove that the original decision was in error.
Additional Notes
The USCIS also noted that the petitioner’s appeal was focused on contesting the original denial rather than addressing the specific grounds for the denial of the motion to reconsider. As a result, the merits of the initial denial were not reconsidered, and the appeal was dismissed solely on the grounds that the motion did not meet the required legal standards.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the requirements of a motion to reconsider. The USCIS upheld the denial of the Form I-140 petition, and the beneficiary was not granted the requested immigration benefit.
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