Date of Decision: February 15, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Principal Software Development Engineer
Beneficiary Information
Profession: Principal Software Development Engineer
Field: Software Development
Nationality: Indian
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed as Abandoned
Case Overview
The petitioner, identified as Y- Inc., operates a web portal and search engine and sought to permanently employ the beneficiary as a Principal Software Development Engineer under the EB-1C classification for multinational executives or managers. The petition aimed to secure the beneficiary’s transfer to the United States to work in an executive or managerial capacity. The Director of the Nebraska Service Center denied the petition, asserting that the record failed to establish that the beneficiary had been employed abroad, or would be employed in the United States, in a managerial or executive capacity.
Key Issues
The primary issue in this case was whether the beneficiary met the requirement of having worked abroad in a managerial or executive capacity for at least one year during the three years preceding his entry into the United States. The Director concluded that the beneficiary did not meet this requirement, as the time spent in the United States from May 9 to June 12, 2012, could not be counted toward the necessary one year of employment abroad.
USCIS Findings
USCIS found that the petitioner did not provide sufficient evidence to demonstrate that the beneficiary had accrued the required one year of employment abroad in a managerial capacity, as required by 8 C.F.R. § 204.5(i)(3)(i)(B). The Director noted that the beneficiary’s time spent in the United States during May and June 2012 could not be counted, and thus, the petitioner failed to meet the burden of proof.
Supporting Evidence
The petitioner asserted that the beneficiary had worked in a managerial capacity as a Principal Engineer in India from April 1, 2012, until his entry into the United States on March 30, 2013. However, USCIS noted that the beneficiary’s presence in the United States during a portion of this period invalidated part of the claimed foreign employment.
Additional Notes
In a notice dated December 20, 2018, USCIS informed the petitioner of the issues regarding the beneficiary’s foreign employment. The petitioner was given an opportunity to respond, but no response was received within the allotted time, leading to the dismissal of the appeal as abandoned.
Conclusion
Final Determination: The appeal was dismissed as abandoned due to the petitioner’s failure to respond to the notice, confirming the initial denial.
Download the Full Petition Review Here
