Date of Decision: July 12, 2019
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Executive Management
Beneficiary Information
Profession: Vice President
Field: Executive Management
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, MKU-Corp., operates a gas station and convenience store and sought to permanently employ the beneficiary as its vice president under the EB-1C classification for multinational executives or managers. This classification allows a U.S. employer to transfer a qualified foreign employee to the United States to work in an executive or managerial capacity. However, the petition faced several challenges due to gaps in the beneficiary’s qualifying employment.
Key Issues
The primary issues cited by the USCIS for denial included the failure to establish that:
- The petitioner would employ the beneficiary in a managerial or executive capacity in the United States.
- The beneficiary was employed abroad in a managerial or executive capacity for at least one year in the three years preceding the filing of the petition.
- The petitioner has a qualifying relationship with the beneficiary’s foreign employer.
USCIS Findings
The USCIS found that the beneficiary had a significant gap in employment—lasting over four years—between their last employment abroad and their subsequent employment in the United States. The beneficiary’s employment abroad ended in June 2007, and they did not begin working for the petitioner in the U.S. until January 2012. This gap was deemed disqualifying, as the law requires that the beneficiary must have been employed abroad in a managerial or executive capacity for at least one year within the three years preceding the filing of the petition.
Supporting Evidence
The petitioner provided timelines and other documentation attempting to establish the beneficiary’s qualifying employment. However, the significant gap in employment could not be overcome by the evidence presented. The Director noted that even though other issues were also grounds for denial, this employment gap alone was sufficient to deny the petition.
Additional Notes
The USCIS highlighted that any future filings must address this disqualifying gap in the beneficiary’s employment history. The decision also indicated that the beneficiary did not meet the requirements for L-1A status in 2011, suggesting that the initial petition for that status may have been approved in error.
Conclusion
Final Determination: The appeal was dismissed due to the significant gap in the beneficiary’s qualifying employment, which disqualified them from the EB-1C classification.
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