Date of Decision: September 3, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: President
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a U.S.-based trucking company, sought to employ the beneficiary as its president under the EB-1C classification for multinational managers or executives. The company aimed to classify the beneficiary based on their executive role within the organization. The petition was initially denied by the Texas Service Center, and the denial was upheld upon appeal.
Key Issues
The main issue in this case was the petitioner’s failure to demonstrate that it had been “doing business” for at least one year before filing the petition, as required by USCIS regulations. Additionally, the petitioner did not provide sufficient evidence to prove that the beneficiary would be employed in an executive capacity in the U.S.
USCIS Findings
USCIS found that the petitioner did not meet the requirement of “doing business” for at least one year prior to filing the petition. The evidence provided, including invoices and a federal income tax return, did not establish that the petitioner was regularly, systematically, and continuously providing goods or services during the required period. Furthermore, USCIS determined that the petitioner’s organizational structure and the nature of the beneficiary’s role did not qualify as an executive capacity due to the small size of the company and the part-time nature of some employees’ positions.
Supporting Evidence
The petitioner submitted various documents, including invoices, a business use certificate, an insurance policy, and federal payroll tax returns. However, this evidence was deemed insufficient to prove that the company had been doing business for the required one-year period or that the beneficiary would be employed in a qualifying executive capacity.
Additional Notes
USCIS emphasized the need for consistency and thorough documentation in proving eligibility for the requested immigration benefit. The appeal was dismissed due to the lack of sufficient evidence supporting the petitioner’s claims.
Conclusion
Final Determination: The appeal was dismissed due to the petitioner’s failure to demonstrate that it had been doing business for at least one year before the petition’s filing and the inability to establish that the beneficiary would serve in an executive capacity.
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