Date of Decision: March 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Furniture Sales Management
Beneficiary Information
Profession: President
Field: Furniture Sales Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company specializing in selling furniture products, sought to permanently employ the beneficiary as its “President” under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. However, the petition was denied due to multiple factors including the petitioner’s inability to establish its business operations, the beneficiary’s managerial role abroad, and the intended managerial or executive role within the U.S.
Key Issues
The petition was initially denied for several reasons:
- The petitioner had not been doing business for more than one year prior to the petition filing date.
- The petitioner failed to demonstrate the ability to pay the beneficiary’s wage as of the petition filing date.
- The petitioner did not establish that the beneficiary was employed in a managerial or executive capacity abroad.
- The petitioner failed to show that the beneficiary would be employed in a managerial or executive capacity in the United States.
These issues led to the affirmation of the denial upon review, with the additional finding that the petitioner did not establish an employer-employee relationship between itself and the beneficiary.
USCIS Findings
The USCIS concluded that the petitioner did not demonstrate the beneficiary’s employment in a managerial or executive capacity, which was a key requirement for the EB-1C classification. The discrepancies in job duty descriptions, lack of evidence supporting the beneficiary’s claimed executive-level responsibilities, and insufficient documentation of the company’s staffing structure were pivotal in the decision. The USCIS further determined that the petitioner had only two employees at the time the petition was filed, failing to substantiate its claim of regularly hiring independent contractors for sales duties.
Supporting Evidence
Key evidence included the petitioner’s job duty breakdowns, wage documents, and affidavits. However, inconsistencies between the job duty descriptions, lack of corroborative documentation for the beneficiary’s claimed executive tasks, and insufficient proof of the company’s employment structure led to the denial. New evidence submitted in the motion to reopen, such as tax returns and W-2 forms, did not address the deficiencies identified in the original decision.
Additional Notes
The petitioner’s motion to reopen and reconsider was dismissed as it failed to present new, relevant facts or demonstrate an incorrect application of law or policy by the USCIS. The USCIS noted that the motion did not meet the regulatory requirements for reopening or reconsideration.
Conclusion
Final Determination: The motion to reopen and reconsider was dismissed, and the denial of the petition was affirmed.
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