Date of Decision: MAR. 02, 2021
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Software Engineering
Beneficiary Information
Profession: Senior Project Manager
Field: Software Engineering
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a software engineering company, filed a petition to employ the beneficiary as a Senior Project Manager under the EB-1C classification for multinational executives or managers. This classification allows U.S. employers to permanently transfer qualified foreign employees to the United States to work in an executive or managerial capacity. The petition was denied by the Texas Service Center, and the petitioner appealed the decision.
Key Issues
The primary issue was whether the beneficiary’s position in the United States would qualify as a managerial capacity. The Director concluded that the petitioner failed to establish that the beneficiary’s U.S. role would be in a managerial capacity, which was a crucial requirement for the EB-1C classification. The appeal focused on the petitioner’s inability to demonstrate that the beneficiary’s role in managing projects constituted an essential function within the organization.
USCIS Findings
The USCIS found that the petitioner did not provide sufficient evidence that the beneficiary’s U.S. position would involve managing an essential function. Despite the petitioner’s claims that the beneficiary would manage significant projects with substantial financial value, the evidence presented was inconsistent and did not conclusively establish the essential nature of these projects within the organization. The USCIS also noted that managing a set of projects within a division does not necessarily qualify as managing an essential function under the law.
Supporting Evidence
Key evidence included organizational charts, job duty breakdowns, and descriptions of the projects managed by the beneficiary. However, discrepancies in the reported value of these projects and a lack of clarity regarding the organizational hierarchy contributed to the dismissal of the appeal.
Additional Notes
The USCIS emphasized the importance of clear and consistent documentation in establishing the essential nature of a function and the managerial capacity of a position. The appeal was dismissed due to the petitioner’s failure to meet the burden of proof.
Conclusion
Final Determination: The appeal was dismissed, and the petition remained denied due to insufficient evidence that the beneficiary’s U.S. role would be in a managerial capacity.
