Date of Decision: JUN. 1, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Internet Commerce Systems and Implementation Services
Beneficiary Information
Profession: Principal Engineer
Field: Internet Commerce Systems
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a company specializing in internet commerce systems and implementation services, sought to employ the beneficiary, a principal engineer, under the EB-1C classification for multinational managers or executives. The beneficiary had been working with the petitioner’s U.S. branch since December 2014 after being transferred under an L-1 visa. The petition aimed to secure permanent residency for the beneficiary based on his managerial role within the company.
Key Issues
The main issue in this case was whether the petitioner could demonstrate that the beneficiary’s role in the U.S. and his previous position abroad met the criteria for a managerial capacity as defined by U.S. immigration law. The petitioner faced challenges in establishing the managerial nature of the beneficiary’s duties both in the U.S. and in his previous employment abroad.
USCIS Findings
The USCIS found that the petitioner’s description of the beneficiary’s duties lacked sufficient detail to demonstrate that he would primarily perform managerial-level tasks. Additionally, the beneficiary’s role was found to involve substantial operational duties, which did not align with the requirements for a managerial position under EB-1C criteria. The USCIS also identified inconsistencies in the petitioner’s evidence, particularly regarding the managerial nature of the beneficiary’s work abroad and the company’s ability to pay the proffered wage.
Supporting Evidence
The petitioner provided various documents, including employment agreements, job descriptions, and organizational charts. However, these documents failed to sufficiently demonstrate the beneficiary’s managerial responsibilities or the company’s financial capability to meet wage requirements. The evidence provided did not resolve discrepancies, particularly in the beneficiary’s job duties and the time spent on managerial tasks.
Additional Notes
The USCIS highlighted several areas of concern, including the petitioner’s failure to address inconsistencies in the record, such as the percentages of time the beneficiary would spend on various job duties. The USCIS also noted the lack of clear evidence demonstrating the petitioner’s ability to pay the proffered wage from the priority date of the petition.
Conclusion
Final Determination: The USCIS affirmed the denial of the petition, concluding that the petitioner failed to establish the beneficiary’s eligibility for the EB-1C classification as a multinational manager or executive.
