Date of Decision: March 1, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Import and Wholesale of Swimwear
Beneficiary Information
Profession: Vice President
Field: Import and Wholesale of Swimwear
Nationality: Chinese
Summary of Decision
Initial Decision: Approved
Appeal Outcome: Denied
Case Overview
The petitioner, a U.S.-based swimwear importer and wholesaler, sought to permanently employ the beneficiary as its vice president under the EB-1C classification for multinational executives or managers. The initial approval by the Nebraska Service Center was later revoked upon reconsideration, questioning the beneficiary’s eligibility to fulfill executive or managerial duties in the U.S.
Key Issues
The primary issue was whether the petitioner demonstrated that the beneficiary would be employed in a managerial or executive capacity. The decision to revoke was based on doubts about the beneficiary’s role primarily involving high-level duties rather than routine operational tasks.
USCIS Findings
USCIS focused on the submitted job descriptions and organizational charts, which did not convincingly outline the beneficiary’s role as predominantly managerial or executive. The appeal was dismissed because the staffing levels and job functions detailed did not substantiate the claims of the petitioner regarding the beneficiary’s role.
Supporting Evidence
Evidence reviewed included detailed job descriptions, organizational charts, and employment records. The petitioner’s failure to prove that the beneficiary would perform primarily managerial or executive tasks was pivotal to the decision.
Additional Notes
The appeal highlighted the importance of demonstrating that a beneficiary’s role is substantial and fits within the managerial or executive categories at the time of the petition’s filing. Changes made post-filing to support a claim were not considered sufficient to meet the classification requirements.
Conclusion
Final Determination: The USCIS’s decision to deny the appeal was based on insufficient evidence that the beneficiary would function in a capacity befitting a multinational manager or executive as required by the EB-1C classification.
