Date of Decision: FEB. 12, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Real Estate Management
Beneficiary Information
Profession: President
Field: Real Estate Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a real estate management company, sought to employ the beneficiary as its president under the EB-1C classification for multinational managers or executives. The petition was initially denied by the Texas Service Center on the grounds that the petitioner failed to establish its ability to pay the beneficiary’s proffered wage. After a remand, the petitioner also failed to demonstrate that the beneficiary would be employed in a qualifying managerial or executive capacity and that the company had been doing business for at least one year prior to filing the petition.
Key Issues
The key issues in this case involved the petitioner’s failure to prove three critical elements: the ability to pay the beneficiary’s wage, the beneficiary’s role qualifying as managerial or executive, and the company’s operational history exceeding one year prior to the petition date. The lack of a timely response to the notice of intent to deny further weakened the petitioner’s position.
USCIS Findings
The USCIS and the Administrative Appeals Office (AAO) found that the petitioner did not meet the necessary requirements to classify the beneficiary as a multinational manager or executive. Despite the initial decision being remanded, the petitioner failed to address the two remaining issues: the qualifying nature of the beneficiary’s role and the company’s business operations timeline.
Supporting Evidence
The evidence reviewed included financial statements, organizational charts, and the company’s business history. However, the petitioner did not adequately respond to the requests for additional documentation or the notice of intent to deny, leading to the petition’s final denial.
Additional Notes
The case highlights the importance of timely responses to USCIS notices and the need to meet all evidentiary requirements when filing for EB-1C classification. Future petitioners should ensure that all criteria, including the operational history and the specific duties of the beneficiary, are clearly documented and submitted.
Conclusion
Final Determination: The petition for EB-1C classification for the position of President in the field of Real Estate Management was ultimately denied.
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