Date of Decision: DEC. 17, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Aircraft Leasing and Sales Management
Beneficiary Information
Profession: President
Field: Aircraft Leasing and Sales Management
Nationality: Venezuelan
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company engaged in leasing helicopters and the sale of aircraft parts, sought to permanently employ the beneficiary as its president in the United States under the EB-1C classification for multinational executives or managers. The beneficiary was previously employed abroad as a vice president and business development manager, and the company aimed to have him continue in a managerial or executive role in the U.S.
Key Issues
The primary issue in this case was whether the beneficiary’s prior employment abroad qualified as a managerial or executive capacity. The petitioner asserted that the beneficiary acted as a personnel manager abroad, overseeing supervisory and professional subordinates. However, the evidence provided was deemed insufficient to establish that the beneficiary primarily engaged in managerial duties, leading to the denial of the petition.
USCIS Findings
USCIS concluded that the petitioner failed to establish that the beneficiary’s role abroad met the statutory definition of a managerial capacity. Specifically, the evidence provided lacked sufficient detail and supporting documentation to demonstrate that the beneficiary’s duties were primarily managerial. The petitioner did not provide adequate information about the beneficiary’s supervisory roles, the professional qualifications of his subordinates, or his authority over key business functions.
Supporting Evidence
The petitioner submitted organizational charts, job descriptions, and claims regarding the beneficiary’s duties and responsibilities. However, these were found to be generic and lacking in credible detail. The documentation failed to substantiate the beneficiary’s managerial role or his supervision of professional employees, leading USCIS to question the validity of the petitioner’s claims.
Additional Notes
The petitioner’s lack of detailed evidence and the generic nature of the job descriptions played a significant role in the dismissal of the appeal. This case highlights the importance of providing specific, well-documented evidence when seeking immigration benefits under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the EB-1C classification was denied.
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