EB-1C USCIS Appeal Review – Sales and Marketing Director – OCT162020_01B4203

Date of Decision: October 16, 2020
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Sales and Marketing Management

Beneficiary Information

Profession: Sales and Marketing Director

Field: Sales and Marketing Management

Nationality: Not specified

Summary of Decision

Initial Decision: Denied

Appeal Outcome: Dismissed


Case Overview

The petitioner in this case is a sporting goods distributor seeking to employ the beneficiary as a Sales and Marketing Director under the EB-1C immigrant classification for multinational executives or managers. The company, based in Wisconsin, filed the petition to bring the beneficiary to the United States in a managerial capacity. However, the USCIS Director at the Nebraska Service Center denied the petition, citing several grounds, including the petitioner’s failure to establish its eligibility for the requested immigration benefit.

Key Issues

The primary issues identified in the denial of the petition were as follows:

  1. Business Duration: The petitioner had not been doing business for at least one year prior to filing the petition, as required by the regulations.
  2. Ability to Pay: The petitioner failed to demonstrate its ability to pay the beneficiary’s proffered wage.
  3. Managerial Capacity: The petitioner did not sufficiently establish that the beneficiary would be employed in a managerial or executive capacity in the United States.
  4. Employment Abroad: The petitioner did not provide adequate evidence that the beneficiary had been employed abroad in a qualifying managerial or executive capacity.
  5. Job Offer: The validity of a full-time job offer for the beneficiary was not sufficiently supported.

USCIS Findings

The USCIS found that the petitioner’s business had only been operational for less than seven months at the time of filing, which was well below the one-year requirement. Additionally, the petitioner’s ability to pay the beneficiary’s wage and the managerial role of the beneficiary both in the United States and abroad were inadequately documented. The appeal did not present new facts or evidence that could change these findings, leading to the dismissal of the appeal.

Supporting Evidence

The evidence reviewed included corporate filings, employment agreements, and other documentation related to the company’s operations and the beneficiary’s role. However, these were deemed insufficient to meet the necessary legal standards. The petitioner’s attempts to address the issues via an untimely appeal were not successful, as the appeal did not meet the requirements for a motion to reopen.

Additional Notes

The petitioner’s appeal focused on a claimed change of address that was not properly communicated to USCIS. However, this did not alter the outcome, as the issues with the petition itself were fundamental and unrelated to the address discrepancy.


Conclusion

Final Determination: The appeal was dismissed due to the petitioner’s failure to meet the regulatory requirements for the EB-1C classification. The petitioner’s business had not been operational for the requisite period, and the necessary managerial capacity of the beneficiary was not established.

Download the Full Petition Review Here


Igbo Clifford
Igbo Clifford

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