Date of Decision: August 11, 2020
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Senior Management
Beneficiary Information
Profession: Senior Manager
Field: Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, a multinational corporation, sought to employ the beneficiary as a senior manager under the EB-1C visa classification for multinational executives or managers. This classification permits U.S. employers to permanently transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The Texas Service Center originally denied the petition, concluding that the petitioner failed to establish a permanent job offer to the beneficiary. The petitioner filed an appeal, challenging the denial.
Key Issues
The primary issue in this case was the lack of sufficient evidence to demonstrate that the petitioner had extended a permanent job offer to the beneficiary. Additionally, the petitioner did not provide the necessary documentation to prove its ability to pay the proffered wage from the priority date onward.
USCIS Findings
Upon appeal, the Administrative Appeals Office (AAO) determined that the Texas Service Center had not fully considered the petitioner’s arguments regarding the permanent job offer and misapplied certain legal standards. The AAO also noted that the petitioner had not provided regulatory-required evidence, such as federal tax returns or audited financial statements, to establish its ability to pay the beneficiary’s proffered wage.
Supporting Evidence
Key evidence considered included pay stubs showing the wages paid to the beneficiary in 2018, which fell short of the proffered wage. However, the absence of the petitioner’s annual reports, federal tax returns, or audited financial statements led to the remand of the case for further examination.
Additional Notes
The AAO instructed the Director to request additional evidence regarding the petitioner’s continuing ability to pay the proffered wage and to reassess the case, considering all pertinent regulations and policies.
Conclusion
Final Determination: The decision was remanded to the Director for further consideration and the issuance of a new decision.
