Date of Decision: October 1, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management in the Hospitality Industry
Beneficiary Information
Profession: President
Field: Management in the Hospitality Industry
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an owner and operator of a barbeque restaurant, sought to permanently employ the beneficiary as its president in the United States under the EB-1C classification for multinational executives or managers. The primary purpose of the petition was to demonstrate that the beneficiary, who had been working in the U.S. as a nonimmigrant, would continue to serve in a managerial capacity within the organization.
Key Issues
The central issue in the denial was whether the beneficiary would be employed in a managerial capacity in the United States. The petitioner failed to establish that the beneficiary’s role involved primarily managerial duties rather than operational tasks typical of lower-level employees. The petitioner’s evidence did not sufficiently prove that the beneficiary would be engaged primarily in qualifying managerial activities.
USCIS Findings
USCIS determined that the petitioner’s description of the beneficiary’s job duties was overly generic and lacked credible evidence to support the assertion that the beneficiary would primarily perform managerial tasks. Furthermore, the evidence suggested that the beneficiary was involved in day-to-day operational activities, such as managing inventory and supervising restaurant staff, rather than strategic, high-level managerial responsibilities. The appeal was dismissed because the petitioner did not meet the burden of proof required to establish that the beneficiary’s position was primarily managerial in nature.
Supporting Evidence
Key evidence included job descriptions, organizational charts, and various documents that the petitioner submitted to illustrate the beneficiary’s role. However, these documents often indicated that the beneficiary was involved in routine operational tasks, undermining the claim that she was engaged in managerial duties. The petitioner’s failure to provide specific examples of the beneficiary’s managerial decisions or the strategic impact of her role further weakened the case.
Additional Notes
The petitioner also attempted to qualify the beneficiary as a personnel manager, claiming she oversaw other supervisors and professionals. However, USCIS found the evidence insufficient to demonstrate that the beneficiary’s subordinates were true professionals as defined by relevant regulations. This further contributed to the dismissal of the appeal.
Conclusion
Final Determination: The appeal was dismissed, with USCIS concluding that the petitioner did not adequately demonstrate that the beneficiary would serve in a managerial capacity as required under the EB-1C classification.
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