Date of Decision: July 21, 2016
Service Center: Nebraska Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Quality Control
Beneficiary Information
Profession: Vice President of Quality Control
Field: Quality Control
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Denied
Case Overview
The petitioner, C-S-&S- Inc., an oilfield equipment seller, sought to permanently employ the beneficiary as its Vice President (VP) of Quality Control 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 U.S. to work in an executive or managerial capacity. The Nebraska Service Center denied the petition, concluding that the evidence did not establish that the beneficiary would be employed in the U.S. in a managerial or executive capacity.
Key Issues
The main issue in this case was whether the beneficiary would be employed in a managerial or executive capacity. The petitioner claimed that the beneficiary would manage the company’s Quality Control team and have authority over key decisions, including hiring and firing. However, the job description provided was vague and lacked specificity regarding the managerial duties. Additionally, there were discrepancies in the organizational chart and payroll records, casting doubt on the accuracy of the petitioner’s claims.
USCIS Findings
USCIS found that the petitioner failed to demonstrate that the beneficiary’s duties were primarily managerial in nature. The evidence suggested that the beneficiary’s role included non-qualifying tasks, and the petitioner did not adequately establish that the beneficiary’s subordinates were professional employees requiring a baccalaureate degree. The discrepancies between the organizational chart and payroll records further undermined the petitioner’s case.
Supporting Evidence
Key evidence included the petitioner’s organizational chart, payroll records, and a breakdown of the beneficiary’s job duties. However, the evidence was inconsistent and did not convincingly support the claim that the beneficiary would serve in a primarily managerial capacity. The petitioner’s attempt to demonstrate the professional status of the beneficiary’s subordinates was also insufficient.
Additional Notes
The appeal emphasized the petitioner’s belief that the initial denial was based on a misunderstanding of the evidence. However, the appeal did not provide new, compelling details that could address the identified deficiencies. As a result, the Administrative Appeals Office (AAO) upheld the denial.
Conclusion
Final Determination: The appeal was dismissed, and the petition for the EB-1C classification for the Vice President of Quality Control was denied.
Download the Full Petition Review Here
