Date of Decision: February 3, 2017
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Retail Business
Beneficiary Information
Profession: Vice President of Finance
Field: Retail Business
Nationality: Not Specified
Summary of Decision
Initial Decision: Approved (later revoked)
Appeal Outcome: Dismissed
Motion to Reopen/Reconsider Outcome: Denied
Case Overview
The petitioner, which operates a retail business, sought to permanently employ the beneficiary as its vice president of finance under the EB-1C classification for multinational executives or managers. The petition was initially approved by the Texas Service Center. However, the approval was later revoked by the Director based on findings that the petitioner did not establish: (1) that the beneficiary was employed abroad in a managerial or executive capacity; (2) that the beneficiary would be employed in the United States in a managerial or executive capacity; and (3) the ability to pay the beneficiary’s proffered wage. The Director also made a finding of fraud in the case.
The petitioner appealed the revocation, and the Administrative Appeals Office (AAO) dismissed the appeal. The AAO found that the Director improperly included two of the three grounds in the notice of intent to revoke but upheld the revocation on the first ground alone, which was sufficient to sustain the revocation. The AAO also withdrew the Director’s finding of fraud. The petitioner then filed a motion to reopen and reconsider, submitting additional evidence, including affidavits, a rental agreement, and sales tax invoices. However, the AAO denied the motion, finding that the new evidence did not resolve the inconsistencies in the foreign entity’s organizational charts, which were central to the initial decision.
Key Issues
The primary issue was whether the petitioner could establish that the beneficiary was employed abroad in a managerial or executive capacity. The AAO determined that the petitioner failed to provide sufficient evidence to resolve discrepancies in the organizational charts provided by the foreign entity, which was critical to establishing the beneficiary’s managerial role.
USCIS Findings
The AAO found that the petitioner did not introduce new facts that would resolve the inconsistencies in the foreign entity’s organizational charts. The affidavits and other documents submitted did not address the material discrepancies in the record, particularly regarding the structure and staffing of the foreign entity. The AAO emphasized the importance of independent, objective evidence to resolve such inconsistencies.
Supporting Evidence
The petitioner submitted affidavits, a rental agreement, and sales tax invoices. However, these documents did not directly address the organizational chart inconsistencies or provide sufficient detail to establish the beneficiary’s managerial capacity.
Additional Notes
The AAO reiterated that specific and detailed job descriptions, along with consistent organizational charts, are crucial in establishing a beneficiary’s eligibility for the EB-1C classification. The failure to provide consistent and credible evidence can result in the denial of a petition.
Conclusion
Final Determination: The motion to reopen and reconsider was denied. The revocation of the petition’s approval was upheld.
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