Date of Decision: July 7, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Litigation Support Services
Beneficiary Information
Profession: Production Manager
Field: Litigation Support Services
Nationality: United Kingdom
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, L.G. LLC, a provider of litigation support services, filed an EB-1C petition seeking to employ the beneficiary, a production manager, in the United States. The EB-1C classification is designated for multinational executives or managers, allowing U.S. employers to permanently transfer qualified foreign employees to work in an executive or managerial capacity. The initial petition was denied by the Nebraska Service Center due to the petitioner’s failure to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity. This decision was upheld on appeal, but the case was remanded for further review following the petitioner’s motion to reopen, which included additional evidence.
Key Issues
The main issues revolved around the petitioner’s inability to prove the beneficiary’s qualifying relationship with the foreign employer, the managerial capacity of the role offered in the United States, and the petitioner’s ability to pay the beneficiary’s proffered wage. Although the petitioner provided some new evidence addressing these concerns, significant discrepancies remained, particularly regarding the ownership structure of the petitioner and the specific duties of the beneficiary.
USCIS Findings
The USCIS found that the petitioner did not establish a qualifying relationship between the U.S. entity and the foreign employer due to inconsistent and confusing information regarding ownership. Additionally, there were unresolved inconsistencies in the job descriptions provided for the beneficiary’s role. The petitioner’s failure to name or describe the beneficiary’s subordinates or support staff raised further concerns about whether the position qualified as managerial.
Supporting Evidence
The petitioner submitted supplemental tax returns and additional documentation in an attempt to resolve the issues identified. However, the evidence presented did not adequately clarify the ownership structure or the managerial capacity of the beneficiary’s role. Despite a more detailed job description, the submission lacked critical details about the operational staff and the beneficiary’s role within the organization.
Additional Notes
The case was remanded to the Nebraska Service Center to allow the petitioner an opportunity to provide additional evidence and resolve the inconsistencies highlighted in the USCIS findings. This remand suggests that while the petitioner made progress in addressing some issues, further documentation and clarification are required to meet the eligibility criteria for the EB-1C classification.
Conclusion
Final Determination: The motion to reopen was granted, but the case was remanded for further proceedings and a new decision.
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