Date of Decision: January 18, 2018
Service Center: Texas Service Center
Form Type: Form I-140
Case Type: EB-1C (Multinational Managers or Executives)
Field of Expertise: Product Distribution and Trading
Petitioner Information
Profession: President and Chief Executive Officer
Field: Product Distribution and Trading
Nationality: Not Specified
Summary of Decision
Initial Decision: Denied
Appeal Outcome: Dismissed
Case Overview
The petitioner, M-C- LLC, is a product distribution and trading company seeking to employ the beneficiary as its president and chief executive officer under the EB-1 classification for multinational executives or managers. The petition was filed with the intention of transferring the beneficiary, who had been working abroad in a similar capacity, to continue her role in the United States.
Key Issues
The Texas Service Center denied the petition on several grounds:
The petitioner failed to establish a qualifying relationship with the beneficiary’s foreign employer.
The petitioner did not demonstrate that the beneficiary would be employed in a managerial or executive capacity in the U.S.
The petitioner did not provide sufficient evidence that the beneficiary was employed abroad in a managerial or executive capacity.
USCIS Findings
The USCIS found that:
The beneficiary’s U.S. duties were described in overly vague terms, lacking specific details about her day-to-day responsibilities.
The petitioner had only two employees at the time of filing, including the beneficiary, which suggested that the beneficiary was likely performing non-qualifying operational duties.
The petitioner did not provide sufficient evidence to establish that the beneficiary’s role in the foreign entity was primarily managerial or executive in nature.
The petitioner did not demonstrate a qualifying relationship between the U.S. and foreign entities, as the foreign entity was jointly owned by the beneficiary and another individual, while the U.S. entity was wholly owned by the beneficiary.
Supporting Evidence
The petitioner provided an organizational chart, payroll records, and descriptions of the beneficiary’s duties. However, these documents were found insufficient to substantiate the claims that the beneficiary’s role in both the U.S. and foreign entities met the required standards for a managerial or executive capacity.
Additional Notes
The USCIS highlighted the importance of providing detailed, specific evidence when claiming that a beneficiary will perform primarily managerial or executive duties. The decision also emphasized the need to establish a clear and qualifying relationship between the U.S. and foreign entities in multinational executive or manager petitions.
Conclusion
Final Determination: The appeal was dismissed. The petitioner failed to meet the necessary criteria to prove that the beneficiary would be employed in a managerial or executive capacity in the U.S., was employed in such a capacity abroad, or that the entities shared a qualifying relationship.