Date of Decision: September 29, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Contract Management
Beneficiary Information
Profession: Senior Contracts Manager
Field: Contract Management
Nationality: Japanese
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The Petitioner, a company engaged in the design and manufacture of precision operator interface controls and power management systems for industrial vehicles, sought to employ the Beneficiary as a Senior Contracts Manager in the United States. The petition was filed under the EB-1C classification for multinational executives or managers. The Beneficiary was previously granted an L-1A nonimmigrant visa for a similar role, leading the Petitioner to assert that the Beneficiary met the criteria for the requested immigrant visa classification.
Key Issues
The primary issue in this case was whether the Beneficiary would be employed in a managerial capacity within the United States. The Director concluded that the Beneficiary’s role did not meet the statutory definition of a managerial capacity, as the evidence suggested that the Beneficiary would be engaged in non-qualifying operational tasks rather than primarily performing managerial duties.
USCIS Findings
The USCIS found that the Petitioner failed to demonstrate that the Beneficiary’s duties were primarily managerial. While the Beneficiary held a managerial title and was involved in high-level contract negotiations, the evidence indicated that he was more likely performing the contract management function rather than overseeing it at a managerial level. Additionally, the organizational chart and job descriptions provided did not clearly establish the Beneficiary’s seniority within the company’s hierarchy, further complicating the claim that the Beneficiary acted as a function manager.
Supporting Evidence
The Petitioner submitted various documents, including job descriptions, an organizational chart, and details of the Beneficiary’s daily tasks. However, this evidence was deemed insufficient to prove that the Beneficiary was primarily engaged in managerial duties. The USCIS noted inconsistencies and a lack of specificity in the evidence provided, particularly concerning the Beneficiary’s authority and the nature of his duties.
Additional Notes
The Petitioner highlighted the previous approval of the Beneficiary’s L-1A visa, arguing that it should support the current petition. However, the USCIS clarified that each petition is reviewed independently, and prior approvals do not guarantee the outcome of subsequent petitions. The USCIS also pointed out that if the L-1A was approved based on the same evidence, it could have been an error.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the Beneficiary to be classified as an EB-1C multinational manager was denied.
Download the Full Petition Review Here
