Date of Decision: January 15, 2015
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Dairy Sanitation and Udder Hygiene
Beneficiary Information
Profession: Sales Director
Field: Dairy Sanitation and Udder Hygiene
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a Minnesota-based corporation engaged in the development, manufacture, and supply of dairy sanitation and udder hygiene products, sought to permanently employ the beneficiary as its Sales Director under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish that the beneficiary had been and would be employed in a qualifying managerial or executive capacity.
The petitioner appealed the decision, arguing that the beneficiary’s role met the requirements of a managerial capacity. However, upon de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, finding that the petitioner failed to provide sufficient evidence to demonstrate that the beneficiary’s duties abroad and in the U.S. were primarily managerial or executive in nature.
Key Issues
The primary issues were whether the petitioner could demonstrate that the beneficiary was employed abroad in a managerial or executive capacity and whether the petitioner would employ the beneficiary in such a capacity in the U.S. The AAO determined that the petitioner failed to provide sufficient evidence to meet these requirements due to vague job descriptions and a lack of detail regarding the beneficiary’s day-to-day duties.
USCIS Findings
The AAO found that the petitioner did not provide sufficient evidence to establish that the beneficiary’s role, both abroad and in the U.S., was primarily managerial. The AAO highlighted that the job descriptions provided were vague and lacked sufficient detail, and that the evidence did not support the petitioner’s claims regarding the beneficiary’s managerial capacity.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and affidavits, but these were found to be insufficient to establish the necessary qualifying relationship and managerial capacity.
Additional Notes
The AAO emphasized the importance of providing detailed, specific, and consistent evidence to support claims regarding managerial roles and qualifying relationships under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification.
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