EB-1C USCIS Appeal Review – Senior Fellow from India – SEP302020_01B4203

Date of Decision: September 30, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Management Consulting

Beneficiary Information

Profession: Senior Fellow
Field: Healthcare Analytics and Delivery
Nationality: Indian

Summary of Decision

Initial Decision: Denied
Appeal Outcome: Dismissed

Case Overview

The petitioner, an international management consulting firm, sought to employ the beneficiary, an Indian national, as a Senior Fellow in the United States. The petition was filed under the EB-1C category, which is designated for multinational executives or managers. The petitioner claimed that the beneficiary had been employed in a managerial capacity abroad and was being transferred to continue such duties in the U.S.

Key Issues

The primary issues in this case centered around whether the beneficiary had indeed served in a managerial capacity while employed abroad and whether the role in the U.S. would also be managerial. The USCIS Director determined that the petitioner failed to establish that the beneficiary’s role abroad met the criteria for a managerial capacity, including the supervision of other employees and the authority to make significant personnel decisions.

USCIS Findings

The USCIS found discrepancies in the petitioner’s claims regarding the beneficiary’s employment history, roles, and duties while abroad. The petitioner did not provide sufficient evidence to demonstrate that the beneficiary held a managerial position, as required under section 101(a)(44)(A) of the Immigration and Nationality Act (INA). The beneficiary’s duties as an analyst and senior analyst were not primarily managerial, and there was a lack of evidence supporting the supervision of other professionals or significant decision-making authority.

Supporting Evidence

The petitioner provided organizational charts and job descriptions in an attempt to demonstrate the beneficiary’s managerial role. However, these documents were inconsistent and lacked specific details about the beneficiary’s subordinates and their qualifications. Additionally, there was no independent, objective evidence to resolve the discrepancies in the beneficiary’s employment timeline and job duties.

Additional Notes

The petitioner’s failure to provide consistent and credible evidence undermined the case. The decision also highlights the importance of detailed and specific documentation when proving managerial capacity in EB-1C cases.

Conclusion

Final Determination: The appeal was dismissed, and the initial denial was upheld, as the petitioner did not meet the burden of proof required to establish that the beneficiary’s role abroad and in the U.S. was managerial.

Download the Full Petition Review Here


Igbo Clifford
Igbo Clifford

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