Date of Decision: January 12, 2017
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Computer Software and Hardware Development
Beneficiary Information
Profession: Software Engineering Manager, Automation
Field: Computer Software and Hardware Development
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, a computer software and hardware developer, sought to permanently employ the beneficiary as a software engineering manager, automation, under the EB-1C classification for multinational executives or managers. The Director of the Nebraska Service Center denied the petition, concluding that the petitioner did not establish: (1) a qualifying relationship with the beneficiary’s foreign employer, and (2) that the beneficiary had been employed abroad in a managerial or executive capacity.
On appeal, the petitioner argued that the Director did not fully consider the evidence and imposed too high a standard of proof. The petitioner submitted a legal brief and copies of documentation that had accompanied a previously filed immigrant petition. Upon de novo review, the Administrative Appeals Office (AAO) dismissed the appeal, agreeing with the Director’s findings that the petitioner failed to establish the required qualifying relationship and the managerial nature of the beneficiary’s role abroad.
Key Issues
The primary issues were whether the petitioner could demonstrate a qualifying relationship with the beneficiary’s foreign employer and whether the beneficiary had been employed in a managerial or executive capacity abroad. The AAO determined that the petitioner failed to meet these requirements due to inconsistencies and lack of sufficient evidence.
USCIS Findings
The AAO found that the petitioner did not provide sufficient evidence to establish a qualifying relationship with the beneficiary’s foreign employer. The petitioner also failed to prove that the beneficiary was employed abroad in a managerial capacity, as the job descriptions and organizational charts provided were inconsistent and lacked sufficient detail.
Supporting Evidence
The petitioner submitted job descriptions, organizational charts, and affidavits. However, these were found to be insufficient and inconsistent, failing to establish the necessary qualifying relationship and managerial capacity.
Additional Notes
The AAO emphasized the importance of providing consistent, detailed, and credible evidence to support claims regarding the managerial roles and qualifying relationships under the EB-1C classification.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to establish that the beneficiary met the requirements for the EB-1C classification.
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