Date of Decision: January 23, 2019
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Automotive Parts Manufacturing
Beneficiary Information
Profession: Chief Executive Officer (CEO)
Field: Administration
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, an automotive parts manufacturing company, sought to employ the beneficiary as the Senior Manager of its administration department under the EB-1C visa category. This classification is designated for multinational executives or managers, allowing a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. The beneficiary previously held positions in the foreign parent company, including as an Assistant Manager and later as the Manager of the Administration Department, before transferring to the United States under E-2 nonimmigrant status.
Key Issues
The primary issue was whether the beneficiary was employed in a managerial capacity abroad for at least one year within the three years preceding his entry to the United States, as required by the EB-1C visa criteria. The petitioner claimed the beneficiary was employed in a managerial role during this period. However, the Director of the Texas Service Center found insufficient evidence to establish that the beneficiary’s role as an Assistant Manager met the criteria for managerial capacity, leading to the denial of the petition.
USCIS Findings
Upon review, the USCIS determined that the petitioner’s evidence did not demonstrate that the beneficiary’s role as Assistant Manager of the Administration Department involved primarily managerial duties. The evidence suggested that the role was more aligned with operational activities rather than high-level management. Additionally, there was a lack of clarity regarding the beneficiary’s supervisory responsibilities and the qualifications of the staff he managed, which are critical factors in defining a managerial capacity.
Supporting Evidence
The petitioner submitted organizational charts, job descriptions, and letters from the foreign parent company to support their claim. However, the USCIS found that the evidence provided was insufficiently detailed and did not clearly establish the managerial nature of the beneficiary’s role during the relevant period. The discrepancies in job titles and duties between the Assistant Manager and Manager positions further complicated the petitioner’s case.
Additional Notes
The USCIS also noted that the petitioner failed to establish a qualifying relationship between the beneficiary’s U.S. employer and his last foreign employer, which could have further impacted the eligibility for the EB-1C classification. This aspect, although not the basis for the denial, was highlighted as a significant concern for any future petitions.
Conclusion
Final Determination: The appeal was dismissed as the petitioner did not establish that the beneficiary was employed abroad in a managerial capacity for the required one-year period.
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