Date of Decision: JAN. 4, 2016
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Real Estate Consultancy and Sales
Beneficiary Information
Profession: Commercial Director
Field: Real Estate Consultancy and Sales
Nationality: [Not Specified]
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Remanded
Case Overview
The petitioner, H-USA, Inc., a real estate consultancy and sales company, sought to employ the beneficiary as its Commercial Director under the immigrant classification for multinational executives or managers (EB-1C). The petition aimed to secure a permanent position for the beneficiary, who had been employed by the petitioner and its affiliate in Brazil. The initial petition was denied by the Texas Service Center on the grounds of the petitioner’s failure to establish the ability to pay the proffered wage.
Key Issues
The primary issue leading to the initial denial was the petitioner’s inability to demonstrate its capacity to pay the beneficiary the offered wage. Additionally, the appeal revealed concerns about the nature of the beneficiary’s role and whether it met the statutory requirements for managerial or executive capacity under section 101(a)(44) of the Immigration and Nationality Act.
USCIS Findings
Upon appeal, the Administrative Appeals Office (AAO) reviewed the entire record de novo and determined that the petitioner had sufficiently demonstrated its ability to pay the proffered wage with additional financial documentation. However, the AAO identified potential issues regarding the beneficiary’s managerial role, specifically the veracity of the petitioner’s claims about the beneficiary’s duties and the relationship with associated contractors.
Supporting Evidence
Key evidence considered included the petitioner’s financial records, including audited financial statements for 2013 and 2014, which supported the ability to pay the proffered wage. However, discrepancies in the organizational structure and the beneficiary’s role as outlined in the petitioner’s submissions were noted as areas requiring further clarification.
Additional Notes
The AAO remanded the case for further consideration by the Texas Service Center, emphasizing the need for the petitioner to resolve concerns regarding the beneficiary’s employment status and managerial capacity. The petitioner bears the burden of proof to establish eligibility for the requested immigration benefit.
Conclusion
Final Determination: The denial was withdrawn, and the case was remanded for further proceedings.
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