Date of Decision: March 28, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Telecommunications Management
Beneficiary Information
Profession: Telecommunications Sales Manager
Field: Telecommunications Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, a telecommunications solutions company, aimed to employ the beneficiary as its Telecommunications Sales Manager under the EB-1C classification for multinational executives or managers. The application was initially denied by the Texas Service Center, which found that the petitioner did not adequately demonstrate that the beneficiary would be employed in a managerial capacity, as required by immigration law.
Key Issues
The primary issue was whether the beneficiary was to be employed in a qualifying managerial or executive capacity. The USCIS challenged the petitioner’s assertion, questioning both the managerial nature of the beneficiary’s job duties and the staffing structure purported to support such a role.
USCIS Findings
USCIS found that the duties described by the petitioner often aligned more with direct sales rather than overarching managerial responsibilities. This included activities such as negotiating contracts, coordinating sales distribution, and directly managing sales campaigns. The USCIS also noted inconsistencies in the staffing reports provided, which further weakened the petitioner’s claims.
Supporting Evidence
The petitioner provided job descriptions, organizational charts, and various letters explaining the beneficiary’s role. However, USCIS determined that these documents did not sufficiently demonstrate a primary focus on managerial tasks, noting that a significant portion of the beneficiary’s time was dedicated to non-managerial duties.
Additional Notes
The USCIS pointed out that the beneficiary’s substantial travel and direct sales activities indicated that his role was not predominantly managerial. They also noted discrepancies in the evidence of the beneficiary’s employment abroad, which affected his eligibility under the multinational manager or executive criteria.
Conclusion
Final Determination: The appeal was dismissed, affirming the initial decision to deny the petition. USCIS concluded that the petitioner failed to establish that the beneficiary would function in a managerial capacity within the United States.
