Date of Decision: MAR. 19, 2021
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Travel Agency Management
Beneficiary Information
Profession: Senior Director – Hotel Product & Technology
Field: Travel Agency Management
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner is a travel agency management business seeking to employ the beneficiary as a Senior Director – Hotel Product & Technology under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to permanently transfer a qualified foreign employee to the United States to work in a managerial or executive capacity.
Key Issues
The key issue leading to the denial was the failure to provide a brief or identify any specific erroneous conclusion of law or statement of fact in the appeal. The petitioner’s failure to articulate the grounds for appeal left the Administrative Appeals Office (AAO) with no option but to summarily dismiss the appeal.
USCIS Findings
The USCIS Director denied the petition due to multiple grounds. Upon appeal, the AAO found that the petitioner did not submit any new brief or argument and failed to identify any legal or factual errors in the initial decision. This lack of specific grounds for the appeal warranted a summary dismissal in accordance with 8 C.F.R. § 103.3(a)(1)(v).
Supporting Evidence
The petitioner submitted only copies of prior documentation, including a previously approved Form I-129 and the decision on the current Form I-140. No new evidence or argument was provided to support the appeal.
Additional Notes
Notably, the petitioner had filed another Form I-140 on behalf of the beneficiary, seeking the same EB-1 classification, which was subsequently approved on October 8, 2020. However, this fact did not impact the decision of the current appeal.
Conclusion
Final Determination: The appeal was summarily dismissed due to the petitioner’s failure to specify any errors in the initial decision.
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