Date of Decision: October 26, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Luxury Home Furnishings
Beneficiary Information
Profession: President
Field: Luxury Home Furnishings
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company specializing in luxury home furnishings, sought to permanently employ the beneficiary as its president in the United States under the EB-1C immigrant classification for multinational executives or managers. The beneficiary, who has held a senior position within the organization, was expected to manage the company’s overall strategy, operations, and financial policy in the U.S.
Key Issues
The primary issues leading to the denial were the petitioner’s failure to establish that the beneficiary would be employed in a managerial or executive capacity in the United States, and discrepancies regarding the petitioner’s staffing levels and organizational structure. The petitioner’s inability to demonstrate the beneficiary’s involvement in managerial duties, as opposed to operational tasks, further contributed to the denial.
USCIS Findings
USCIS found that the petitioner did not provide sufficient evidence to prove that the beneficiary would primarily perform managerial duties. Instead, substantial documentation indicated the beneficiary’s involvement in day-to-day operational tasks, which are non-qualifying under the EB-1C classification. Additionally, inconsistencies in the petitioner’s reported staffing levels cast doubt on the credibility of the beneficiary’s managerial role.
Supporting Evidence
The petitioner submitted various documents, including job duty descriptions, organizational charts, and IRS Forms 1099. However, the evidence did not convincingly demonstrate that the beneficiary was primarily engaged in managerial duties. The lack of supporting documentation for the beneficiary’s claimed managerial tasks and the presence of conflicting information about the company’s staffing further weakened the petition.
Additional Notes
The decision also took into account the beneficiary’s involvement in other U.S. business ventures and the impact of these activities on his managerial role within the petitioner’s organization. The appeal did not sufficiently resolve these concerns or provide independent, objective evidence to clarify the inconsistencies.
Conclusion
Final Determination: The appeal was dismissed, and the initial decision to deny the petition was upheld due to the petitioner’s failure to establish the beneficiary’s eligibility for EB-1C classification as a multinational manager or executive.
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