Date of Decision: MAY 27, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Childcare Center Management
Beneficiary Information
Profession: President
Field: Childcare Center Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a childcare center, sought to permanently employ the beneficiary as its president under the EB-1C classification for multinational executives or managers. This classification is designed for U.S. employers to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The petitioner claimed that the beneficiary had previously worked in an executive or managerial role abroad and would continue in a similar capacity in the United States.
Key Issues
The main issues identified in the denial of the petition included:
- Failure to establish a qualifying relationship with the beneficiary’s former foreign employer.
- Insufficient evidence to demonstrate that the beneficiary was employed in a managerial or executive capacity abroad prior to entry into the U.S.
- Lack of proof that the beneficiary would be employed in a managerial or executive capacity within the U.S.
- Inability to demonstrate the petitioner’s capacity to pay the beneficiary’s proffered wage.
USCIS Findings
USCIS found that the petitioner did not clearly establish whether the beneficiary’s foreign employment was managerial or executive. The petitioner’s descriptions of the beneficiary’s job duties were ambiguous, and the evidence provided was deemed insufficient. The USCIS noted that while the beneficiary may have had some discretionary decision-making authority, the job description lacked clarity, and there was inadequate documentation to support the claims of managerial or executive capacity.
Additionally, the petitioner’s argument that the size of the organization was irrelevant was rejected, as USCIS considered the organizational structure and the beneficiary’s role within it to be significant factors in their decision. The USCIS concluded that the petitioner failed to provide sufficient evidence that the beneficiary’s foreign and domestic roles met the criteria for the EB-1C classification.
Supporting Evidence
The key evidence presented included various foreign business documents, employment records, and job descriptions. However, USCIS questioned the relevance and sufficiency of these documents, particularly noting the absence of the beneficiary’s name in key business documents and a lack of detailed information about the beneficiary’s role and responsibilities.
Additional Notes
The petitioner argued that the USCIS’s focus on organizational size was misplaced, but failed to provide legal precedents or policy references to support this claim. The USCIS maintained that considering the size and structure of the organization, alongside the beneficiary’s job duties, was appropriate and necessary.
Conclusion
Final Determination: The motion to reconsider was dismissed due to the petitioner’s failure to provide new evidence or legal arguments that would alter the outcome of the decision.
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