Date of Decision: January 9, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Sales Account Management
Beneficiary Information
Profession: Sales Account Manager
Field: Sales Account Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, M-E- Corp, a supplier of computer equipment and hardware, sought to employ the beneficiary as a sales account manager under the EB-1C classification for multinational executives or managers. The petition aimed to permanently transfer the beneficiary to the U.S. to work in a managerial or executive capacity.
Key Issues
The primary issue in this case was whether the petitioner sufficiently demonstrated that the beneficiary’s role in the U.S. would meet the criteria for a managerial or executive capacity as required under the EB-1C classification.
USCIS Findings
The USCIS, specifically the Director of the Nebraska Service Center, found that the petitioner failed to establish that the beneficiary’s proposed employment in the U.S. would be in a managerial or executive capacity. This conclusion was based on the evaluation of the evidence provided, which did not meet the stringent requirements for EB-1C classification.
Supporting Evidence
Key evidence considered in the decision included the petitioner’s organizational charts, employment agreements, and other supporting documentation. Despite this, the evidence did not sufficiently demonstrate that the beneficiary’s role would be predominantly managerial or executive.
Additional Notes
The petitioning employer later filed another petition on behalf of the beneficiary, which was approved by the Texas Service Center. The beneficiary subsequently adjusted their status to a U.S. lawful permanent resident as of February 26, 2018, rendering further pursuit of the appeal moot.
Conclusion
Final Determination: The appeal was dismissed as the beneficiary’s status had already been adjusted to permanent resident.
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