Date of Decision: April 20, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Business Management
Beneficiary Information
Profession: Senior Executive
Field: Business Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a U.S.-based subsidiary of a multinational corporation, sought to classify the beneficiary, a senior executive, as an EB-1C multinational manager or executive. The petition aimed to obtain an immigrant visa under the EB-1C category, which is designed for multinational executives and managers.
Key Issues
The primary issue in this case was the failure to establish that the beneficiary’s role in the foreign entity met the regulatory definition of a managerial or executive capacity. The petitioner’s evidence was deemed insufficient in demonstrating the beneficiary’s eligibility for the EB-1C classification.
USCIS Findings
USCIS found that the petitioner did not provide sufficient evidence that the beneficiary had been employed abroad in a qualifying managerial or executive role for the required period before the transfer to the U.S. Additionally, the USCIS cited a lack of documentation supporting the beneficiary’s managerial or executive duties in the U.S. entity.
Supporting Evidence
Key evidence considered included organizational charts, the beneficiary’s job description, and letters from the foreign and U.S. entities. However, the evidence was not compelling enough to prove that the beneficiary’s roles met the necessary criteria.
Additional Notes
USCIS noted that future petitions should include detailed evidence of the beneficiary’s job duties, both abroad and in the U.S., to clearly establish their managerial or executive capacity.
Conclusion
Final Determination: The appeal was denied, upholding the original decision.
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