How to Prepare a
Successful RFE Response for Your
1. The Basic Requirements of EB1 Multinational Executive or Manager Green Card Petition
Under EB1 Multinational Executive or Manager (EB-1C) Green Card category, the employer must file the petition for the beneficiary, and the employer must be a legal entity such as a firm, a corporation, or an affiliate or subsidiary of a foreign company. Furthermore, the employer must have done business in the U.S. for at least a year, and that both the U.S. division and the foreign division must be doing business on a regular, systematic and continual basis.
When the filing the case, the employer must prove that, first, the beneficiary has worked for the employer for at least one year in the preceding 3 years in a managerial or executive capacity at the time of the filing. Second, the person must continue to work for the same employer, or affiliate or subsidiary. Third, the person has worked for the employer in a managerial or executive capacity before entering the U.S. The U.S. Citizenship and Immigration Services (USCIS) does not allow first-line supervisor to qualify under this category, and it has much discretion in determining whether the beneficiary is actually working in a managerial or executive capacity.
To qualify as "Managerial Capacity” the beneficiary must primarily:
1) Manages the organization, or a department, subdivision, function, or component of the organization;
2) Supervises and controls the work of other supervisory, professional, or managerial employees, or manages an essential function within the organization, or a department or subdivision of the organization;
3) Has the authority to hire and fire or recommend those as well as other personnel actions, such as promotion and leave authorization, if another employee or other employees are directly supervised, or if no other employee is directly supervised, functions at a senior level within the organizational hierarchy or with respect to the function managed; and
4) Exercises direction over the day-to-day operations of the activity or function for which the employee has authority.
The term "Executive Capacity” means that the beneficiary primarily:
1) Direct the management of the organization or a major component or function of the organization;
2) Establish the goals and policies of the organization, component, of function;
3) Exercise wide latitude in discretionary decision making; and
4) Receive only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization.
Evidence must be submitted to support a Form I-140 Petition for Multinational Executives or Managers. Unlike the requirement for EB1 Outstanding Researcher or Professor Petition, in which alien applicant must demonstrate that the alien is recognized internationally as outstanding in the academic field, and unlike the EB1 Extraordinary Ability Petition, in which the alien applicant must have garnered "sustained national or international acclaim in the field of endeavor", an alien beneficiary for EB-1C petition should prove that he or she is " in executive capacity or manager capacity in U.S.", and the U.S. employer should have "the ability to pay the offered wage or salary."
2. The Request For Evidence (RFE) for an EB1 Multinational Executive or Manager Petition
The EB-1C immigrant classification applies to individuals who worked in a managerial or executive capacity abroad for at least one year for a firm, corporation, other legal entity, or its subsidiary or affiliate, in a managerial or executive capacity. If the beneficiary is outside the United States, then the one year of qualifying employment must be within the three years prior to filing the petition. If the beneficiary is already in the United States working for the same employer, or a subsidiary or affiliate of the firm or corporation or other legal entity for which the beneficiary worked aboard, then the one year of qualifying employment must be within the three years prior to the beneficiary’s entry as a nonimmigrant.
An person who primarily performs the tasks necessary to produce a product, or to provide services, is not considered to be employed in a managerial or executive capacity. Operational tasks such as to develop, design, market, and sell the employer's products do not qualify as managerial or executive duties neither. Other relevant factors considered by USCIS when making the decision are the nature of the business of the employer, and the number of employees employed by the employer.
The requirements for multinational executives or managers are similar to the requirements for L-1 nonimmigrant visa, with the exception that "specialized knowledge” is not required under EB1. Thus, in the EB-1C petition, if the beneficiary entered the U.S. with L-1A visa, then the person may generally qualify for EB1 Green Card petition through the multinational executives or managers category.
A Request for Evidence (RFE) from a USCIS Service Center is that the USCIS adjudicator is requesting additional evidence to address and support specific parts of the pending I-140 petition. The petitioner may have certain days indicated in the RFE notice to respond the requests in the RFE notice. If the petitioner does not respond within the indicated time, the petition may be denied by USCIS. After USCIS receives the response to an RFE notice, further action will generally occur within 60 days, but may take longer for some cases.
Some petitioners may even receive the Notice of Intent to Deny (NOID) from USCIS for their EB1 Multinational Executive or Manager Petitions. The Notice of Intent to Deny is that the USCIS adjudicator is giving notice that USCIS will deny the pending case, unless you provide certain extra documentation. The petitioner may have certain days indicated in the NOID notice to respond. If the petitioner does not respond within the prescribed period, the petition may be denied. Once the USCIS receives your response to an NOID, further action will generally occur within 60 days, but may take longer.
3. Simply Presenting EB-1C Related Evidence to USCIS Is Not Enough
Simply presenting evidence which relates to the EB-1C petition requirements does not necessarily mean that the immigrant visa application should be approved, since the USCIS adjudicator needs to evaluate the submitted evidence. If the USCIS adjudicator determines that the evidence does not meet the standard for EB-1C classification, the additional evidence may be requested, and it is called Request For Evidence, or RFE.
An USCIS adjudicator may issue a Request For Evidence (RFE) on EB-1C cases that were clearly not approvable. The issuance of RFEs in these cases resulted in delays in the processing time. On the other hand, many cases could be approved if the applicants had been given the opportunity to provide additional information in response to the RFEs.
After the USCIS Form I-140 - Petition for an Immigrant Worker submission, it is not very rare that the petitioner receives a Request For Evidence (RFE) notice from an USCIS Service Center. In some occasional situations, a few petitioners may receive a letter of Intent to Deny (ITD). The possibility that an EB-1C petition may get RFE changes from one USCIS Service Center to another USCIS Service Center.
For EB-1C Green Card application, the burden of proving eligibility for the benefit sought remains entirely on the petitioner, and the petitioner has to meet that burden. When your EB-1C Green Card petition has been poorly documented, you may get a notice of unfavorable decision from the USCIS, a written statement of the reasons for the negative outcome, and an explanation of how to appeal.
4. Most Common Reason of EB-1C Petition Denial
USCIS adjudicators often deny the EB-1C petition based on the following 3 independent grounds of ineligibility:
1) the petitioner failed to establish that the beneficiary was employed abroad in a qualifying managerial or executive capacity; or
2) the petitioner failed to establish that it would employ the beneficiary in a managerial or executive capacity; or
3) the petitioner failed to establish that it has the ability to pay the beneficiary's proffered wage.
Thus, the EB-1C petitioner should provide an adequate job description containing detailed information. The USCIS adjudicators also want to see that the petitioner has the organizational complexity to warrant the employment of the beneficiary in a primarily executive capacity or manager capacity.
Normally, USCIS adjudicators hope the petitioner to provide the detailed job description of the beneficiary, which consists of a list of specific daily tasks with the percentage of time assigned to each task, not to a group of tasks or to a related group of job responsibilities.
5. Examples of Request For Evidence for EB-1C Petitions
RFE Case One:
After review of the EB-1C petition, the USCIS adjudicator issued a Request For Evidence (RFE) notice, instructing the petitioner to provide its federal tax return along with an IRS Form W-2, wage and tax statement, for the beneficiary and every other employee of the petitioner.
The USCIS adjudicator also asked the petitioner to provide an organizational chart illustrating its corporate hierarchy and the beneficiary's position in relation to the other employees. Additionally, the adjudicator instructed the petitioner to attach brief job descriptions and educational levels for the beneficiary's direct subordinates.
RFE Case Two:
Upon review, the USCIS adjudicator informed the petitioner that insufficient evidence had been submitted in support of the Form 1-140. Accordingly, the adjudicator issued a request for additional evidence (RFE) instructing the petitioner to provide a supplemental description of the beneficiary's foreign and proposed employment.
The petitioner was asked to describe the beneficiary's job duties in both positions in detail, specifying the actual daily tasks and the percentage of time abroad and in the U.S. position that would be attributed to each of the enumerated tasks. The petitioner was also instructed to provide an organizational chart for each entity clearly depicting each entity's staffing hierarchy.
RFE Case Three:
After review of the EB-1C petition, the USCIS adjudicator issued the Request For Evidence (RFE) notice. The adjudicator instructed the petitioner to provide a description of the beneficiary's proposed job duties in much greater detail than what was provided in the initial support letter. The petitioner was instructed to list the specific daily tasks that were involved in the completion of the duties listed in the support letter, accompanied by an estimate of the percentage of time that would be dedicated to each enumerated task.
Additionally, the adjudicator focused on the petitioner's claim that it had a facility that was operating at the time the Form 1-140 was filed. The director asked the petitioner to provide additional information, including the facility's hours of operation and an employee roster and schedule indicating which employees were scheduled to work at the facility during a two-week period.
RFE Case Four:In another EB-1C petition case, the petitioner submitted a letter which included a brief list of the beneficiary's key responsibilities in his proposed position with the U.S. entity. In the letter, the petitioner provided a list of the names and position titles for the four employees, not including the beneficiary, whom the petitioner claimed to be employed at the time of filing. The list included two business development managers, an office and compliance manager, and a vice president/venture capital special opportunities manager.
After reviewing the case, the USCIS adjudicator issued a Request for Additional Evidence (RFE) instructing the petitioner to provide a description of the beneficiary's proposed job duties in much greater detail than what was provided in the initial support letter. The petitioner was expressly instructed to list the specific daily tasks that were involved in the completion of the duties listed in the support letter, accompanied by an estimate of the percentage of time that would be dedicated to each enumerated task.
6. The Emphasized Requirements for EB-1C Green Card Petition and Its RFE
To reply an USCIS issued Request For Evidence, you should know what are the USCIS requirements for EB-1C Green Card petition. To qualify for the EB-1 Multinational Manager or Executive Green Card, an alien applicant must prove all of the following:
1) There must be a U.S. company or organization that is active and conducts regular and systematic operations
A U.S. company or organization must be established for at least one year and must be active. Its operations must occur on a regular, ongoing basis. Applicants must provide evidence of activity, such as the business registration, lease or deed for business premises, occupational license, photographs of the business premises and operations, proof that the business has employees (such payroll tax records), advertising, receipts for business expenses, invoices, contracts, and recent financial information (such as balance sheets, financial statements, company income tax return, and recent bank statements for the company).
2) There must be a company or organization located outside of the U.S. that is active and conducts regular and systematic operations
The applicant must provide evidence that a company or organization located outside the U.S. is currently active and conducts business on a regular, ongoing basis. This foreign company or organization must continue to be active for the duration of the applicant's EB1 application. Once the Green Card is approved, it does not matter if the foreign employer is no longer active.
3) The U.S. Employer and the Foreign Employer must be related entities
To be "related entities,” the U.S. employer and the foreign employer must be affiliates, or one should be the subsidiary of the other. To qualify as affiliates, the same individual or groups of individuals must own a controlling interest (at least 50%) in both the U.S. employer and the foreign employer. To qualify as a subsidiary, the foreign employer must own the U.S. employer or vice versa. Evidence must be provided to show who owns the U.S. employer and the foreign employer, such as U.S. and foreign company income tax returns and stock certificates.
4) The alien applicant must have worked for the foreign employer for at least 1 full year as an executive or manager
The alien applicant must prove full time employment by foreign employer for at least one continuous year. The alien applicant should have received some form of compensation during the year of employment abroad. Company payroll records or tax forms must be provided as evidence of employment. The applicant must also prove that he or she worked as an executive, or manager-level employee. These terms are complicated, but are extremely important.
5) The alien applicant must work for the U.S. employer as an executive or manager NOW and AFTER the Green Card is approved
The alien applicant must show that he or she currently works as an executive or management-level employee. The easiest way to qualify as an executive or as a manager is to show that the applicant supervises one or more professional-level workers, or supervise some supervisors, who in turn supervises one or more regular workers.
The USCIS likes to deny EB1 Multinational Manager or Executive Green Card applications if it believes that the alien applicant is not a manager or executive, but instead is a "front-line supervisor” (someone involved in regular operations who supervises non-professional workers). For the same reason, problems also can occur if U.S. employer has no employees, or the company is very small. USCIS often asks who provides the goods and services offered by the company, and it should not be the alien beneficiary.
Also, the alien applicant must fill a senior position within the company or organization. The applicant should provide evidence that he or she is qualified to work in the position offered. This includes a resume, relevant diplomas and reference letters from prior employers.
6) The U.S. employer must prove that it has the "ability to pay” the alien applicant at the time the Green Card application is filed, AND at the time the application is approved
For EB1 Multinational Executive or Manager Green Card application (EB-1C), if the required initial evidence does not establish ability to pay, the USCIS adjudicator may send a Request For Evidence (RFE) notice to the petitioner for more evidence, or even deny the EB-1C petition since the petitioner has not met the burden to establish eligibility for the requested benefit.
The U.S. employer must provide its tax return at the time the Green Card application is filed. It may also have to provide its tax return later, while the application is being processed. The tax return must show that either the U.S. employer's net income (profit) or net assets are greater than the salary offered to the alien applicant. In the alternative, the U.S. employer can provide evidence that the applicant is already on its payroll, and already receives the wage offered in the Green Card application.
Normally, net income and net current assets do not always accurately reflect the financial health of an organization or the employer. Therefore, according to these calculations, it may appear that the petitioner has not demonstrated an ability to pay. Thus, the use of additional financial information and different evidence may be able to demonstrate the employer's ability to pay.
The USCIS adjudicator can consider additional financial information, such as profit/loss statements, bank account records, or personnel records, but he or she may choose not to accept such information or different calculations. But it is wise to provide all financial information that may show ability to pay and to clearly explain how additional evidence other than net income and net current assets demonstrate the ability to pay.
The petitioner can have its financial officers and accountants perform such calculations in order to show that the company is able to pay the beneficiary. Statements from the petitioner’s financial officers clearly explaining the analysis and how it proves ability to pay should then be included with the EB1 Multinational Executive or Manager Green Card application.
7) Petitioner must establish eligibility at the time of filing
For a RFE case, if the petitioner added more employees after the EB-1C petition submission, while the added staffs appears to be in direct response for the USCIS adjudicator's request for the beneficiary's executive capacity or manager capacity, the precedent case law mandates that a petitioner must establish eligibility at the time of filing; a petition cannot be approved at a future date after the petitioner or beneficiary becomes eligible under a new set of facts.
As such, U.S. Citizenship and Immigration Services (USCIS) must consider the petitioner's organizational hierarchy as it existed at the time of filing, in order to determine whether the petitioner was eligible to classify the beneficiary as a multinational manager or executive as of the priority date.
7. The EB-1C Multinational Manager or Executive Petition and the Beneficiary's Job Responsibilities
In an EB-1C Multinational Manager or Executive petition, if the petitioner claims that approximately 40% of the alien beneficiary's time was spent making decisions about growth into different markets, evaluating the petitioner's potential competitors, deciding how the petitioner will distinguish itself, and forming partnerships with other entities, then it is the petitioner's responsibility to establish what actual underlying tasks that the alien beneficiary would perform to meet these business goals.
If the petitioner fails to comply with the USCIS' RFE request for a detailed description of the beneficiary's proposed daily tasks, or the petitioner's limited staffing, then USCIS will be unable to determine whether the petitioner was able to relieve the beneficiary from having to primarily perform non-qualifying tasks at the time of filing. Therefore, USCIS cannot approve the petition.
EB-1C Petition RFE Case One: in this case, the petitioner claim "30% of the alien beneficiary's time would be spent establishing and executing an operating plan, which would include assessing company expenditures and determining fund allocation." The USCIS adjudicators believe that these statements generally convey the fact that the alien beneficiary would be charged with broad discretionary authority over all business matters, they fail to convey a meaningful understanding of the specific tasks the beneficiary would perform to ensure that these broad business objectives are met. Therefore, reciting the beneficiary's vague job responsibilities or broadly-cast business objectives is not sufficient; the regulations require a detailed description of the beneficiary's daily job duties.
EB-1C Petition RFE Case Two, in this case, the petitioner stresses the alien beneficiary's "discretionary authority in expanding the business by developing new markets." The USCIS adjudicators believe that the alien beneficiary's discretionary authority is also not a determining factor, much like the single factor of the beneficiary's top placement within the petitioner's hierarchy. Rather, alien beneficiary's authority must be considered within the context of the specific tasks the beneficiary would perform on a daily basis.
8. A Summary of USCIS' Requirements for EB-1C in RFE Notices
For many EB-1C RFE requests, USCIS wants to make sure the beneficiary can meet the basic requirements for obtaining EB-1C Green Card:
The employee must have worked abroad for the overseas company for continuous period of one year during the preceding three years;
The employee must have been employed abroad in an "executive" or "managerial" position;
The employee must be coming to the U.S. company to fill one of these capacities - executive or managerial;
The employee must be qualified for the position by virtue of his or her prior education and experience;
The U.S. employer should have ability to pay the beneficiary.
In many RFE requests, USCIS also wants to make sure the petitioner can meet the basic requirements for sponsoring the EB-1C Green Card:
The U.S. company must be related to a foreign company in a specific manner, such as parent/subsidiary, sister companies with common parent;
The company must be a qualifying organization - one that is doing business in the United States and one other country throughout the entire period of Green Card application;
The U.S. employer has been doing business for at least one year.
9. The Requirement for Request For Evidence Response
The Request For Evidence notice means that the petition documentation submitted is not sufficient to warrant favorable consideration of your petition. Your response must be received in the USCIS Service Center by the date indicated at the RFE notice.
Your case is being held in the USCIS Service Center pending your response. Within this period you may:
1) Submit all of the evidence requested;
2) Submit some or none of the evidence requested and ask for a decision based upon the record; or
3) Withdrew the application or petition. (It is noted if you request the application or petition be withdrawn, the filing fee cannot be refunded.)
You must submit all of the evidence at one time. Submission of only part of the evidence requested will be considered a request for a decision based on the record. No extension of the period allowed to submit evidence will be granted. If the evidence submitted does not establish that your case was approvable at the time it was filed, it can be denied by USCIS.
If you do not respond to the RFE request within the time allowed, your case will be considered abandoned and denied. Evidence received in USCIS after the due date may not be considered.
If you submit a document in any language other than English, it must be accompanied by a full complete English translation. The translator must certify that the translation is accurate and he or she is competent to translate. Note: You must submit the requested foreign language document along with the translation.
USCIS Service Center also requires that the RFE notice letter should be mailed back and placed on top of your response: "Place this entire letter on top of your response. Submission of evidence without this letter will delay processing of your case and may result in a denial. Please use the enclosed envelop to mail the additional evidence requested back to this office."
10. Get Help for Your RFE Response, and Eventually Obtain Your Green Card Approval in EB1 Multinational Executive or Manager Category
The burden of EB-1C petition approval rests with the petitioner. The petitioner should provide substantial evidence to meet the regulation requirements of the EB-1C immigrant visa. If the alien beneficiary is qualified, then the success depends largely on the way the petition is presented to USCIS.
If you get a Request For Evidence (RFE) notice for your EB1 Multinational Executive or Manager Green Card petition from an USCIS Service Center, it is necessary that you must work hard to provide requested evidence in a short time, and persuade the USCIS adjudicators to approve your case. It is critical to appropriately and proficiently reply the Request For Evidence. Incorrect response of the RFE will directly result in your EB-1C Green Card petition rejection.
To help you replying the RFE, we provide the high quality and case-proven "Complete Do-It-Yourself Package of Request For Evidence (RFE) for EB1 Multinational Executives or Managers (EB-1C)" In the RFE package, we present methods of analyzing RFE questions, RFE replying strategies, means of strengthening your case, detailed RFE cases analysis, sample cover letters, and more. With the RFE package, you get all the information you need and step-by-step knowledge and strategies of how to prepare an efficient, professional, and complete response to your RFE notice of EB1 Multinational Executive or Manager Green Card petition, and eventually get your Green Card approval.
11. What You Could Do If the EB1 Multinational Executive or Manager Petition Was Denied by USCIS after a Response the Request For Evidence Notice
If your EB-1C petition is denied by USCIS after your response the Request For Evidence notice, you can file an EB-1C petition again, or file in other categories. For example, you can consider the EB1 Aliens with Extraordinary Ability Petition (EB-1A) or EB2 National Interest Waiver Petition (NIW), if you can meet their regulation requirements.
The immigration law does not restrict the time you can file an EB-1C petition again after the rejection of your previous EB-1C application. A previous rejected EB-1C petition does not bar you from submitting another EB-1C petition again subsequently, and regardless which immigrant classification is concerned. However, unless your situation has improved, it is not advisable for you to simply submit a similar petition again, because it is unlikely your case will be approved by USCIS.
To file an EB-1A petition for alien with extraordinary ability, an alien applicant needs to prove that he or she has “extraordinary ability” in a field, which normally requires greater achievement and ability. Also, for EB1 Extraordinary Ability applicants, they need to show a major internationally recognized award, or documentation from at least three of ten criteria of EB1A petition.
We provide Complete Do-It-Yourself Package for EB-1A green card application, which includes all knowledge you need and step-by-step procedures of EB-1A application, and it has helped many people get their green cards, and it will definitely help your EB-1A application also. Please visit http://www.greencardapply.com/ea.htm and http://www.greencardapply.com/ea/eb1a-package.htm for more information about EB-1Aapplication.
For EB2 National Interest Waiver Green Card petition or NIW immigrant visa petition, the regular labor certification requirement is waived, and an immigration applicant can apply for an EB2 national interest waiver green card without a labor certification or a job offer from a U.S. employer. Thus, National Interest Waiver green card application has clear advantages for scholars, researchers, post doctoral research fellows, Ph.D. students, and other advanced degree professionals. Please visit http://www.greencardapply.com/niw.htm and http://www.greencardapply.com/niw/niw_package.htm for more information about NIW application.
12. The Motion to Reopen or Motion to Reconsider after Form I-140 Immigrant Visa Application Denial
Motion to Reopen is a request to the original decision officer of USCIS to review a decision of the immigrant petition. The motion must be based on factual grounds, such as the discovery of new evidence or changed circumstances.If your Form I-140 immigrant petition was denied by USCIS due to a Request For Evidence (RFE) or a Notice of Intent to Deny, you can file a motion to reopen if you can show that:
* The requested evidence was not material;
* The required initial evidence was submitted with the petition;
* The request for appearance or additional evidence was complied with during the allotted period, or
* The request for evidence or appearance was not sent to the address of record.
As another choice, you can also file a "Motion to Reconsider." A motion to reconsider is a request to the original decision officer of USCIS to review a decision based on new or additional legal arguments. The motion must establish that the decision was incorrect based on the evidence of record at the time of that decision, and it must state the reasons for reconsideration.
A motion to reconsider must be supported by “any pertinent precedent decisions to establish that the decision was based on an incorrect application of law or USCIS policy.” Unlike a motion to reopen, new evidence or changed circumstances cannot support the filing of a motion to reconsider.
13. An Example of Request For Evidence for an EB1 Multinational Executive or Manager Petition
The following is an example of requests from a Request For Evidence for an EB1 Multinational Executive or Manager Petition:
REQUEST FOR EVIDENCE
The documentation submitted is not sufficient to warrant favorable consideration of your petition.
See Letter for Details
Your response must be received in the office by <Date>
Your case is being held in this office pending your response. Within this period you may:
1. Submit all of the evidence requested;
2. Submit some or none of the evidence requested and ask for a decision based upon the record; or
3. Withdrew the application or petition. (It is noted if you request the application or petition be withdrawn, the filing fee cannot be refunded.)
You must submit all of the evidence at one time. Submission of only part of the evidence requested will be considered a request for a decision based on the record. No extension of the period allowed to submit evidence will be granted. If the evidence submitted does not establish that your case was approvable at the time it was filed, it can be denied.
If you do not respond to this request within the time allowed, your case will be considered abandoned and denied. Evidence received in this office after the due date may not be considered.
If you submit a document in any language other than English, it must be accompanied by a full complete English translation. The translator must certify that the translation is accurate and he or she is competent to translate. Note: You must submit the requested foreign language document along with the translation.
You intend to employ the beneficiary as a Manager, Product Application.
The E13 immigrant classification applies to individuals who worked in a managerial or executive capacity abroad for at least one year for a firm, corporation, other legal entity, or its subsidiary or affiliate, in a managerial or executive capacity. If the beneficiary is outside the United States, then the one year of qualifying employment must be within the three years prior to filing the petition. If the beneficiary is already in the United States working for the same employer, or a subsidiary or affiliate of the firm or corporation or other legal entity for which the beneficiary worked aboard, then the one year of qualifying employment must be within the three years prior to the beneficiary’s entry as a nonimmigrant.
You must show that you are the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity which employed the beneficiary aboard. The evidence you submitted is insufficient. Petitioner failed to provide evidence establishing the qualifying relationship between the foreign business entity and the U.S. petitioner. Please submit the following:
An annual report of your corporation which lists all affiliates, subsidiaries, branch offices, and percentages of ownership (please highlight and tab the relevant sections.)
Please note that if your organization and the beneficiary’s former employer aboard are not directly related, documentation must be provided for each intermediary company as well.
Evidence must show that the beneficiary was employed aboard in a managerial or executive capacity for at least one year in the relevant three-year period:
If the beneficiary is abroad, then the one year of qualifying employment must be within the three years prior to the filing of the petition; or
If the beneficiary is already in the United States and working for the same employer or a subsidiary or affiliate of the firm or corporation or other legal entity for which the beneficiary was employed aboard, then the one year of qualifying employment must be within the three years prior to the beneficiary’s entry as a nonimmigrant.
In addition, it must be established that the beneficiary’s current position in the United States is managerial or executive in nature.
The evidence submitted is not sufficient. The duties as provided for both the foreign business entity and the U.S. business entity are brief in nature and do not justify the position held or to be held as a managerial and/or executive position. Therefore, please submit the following:
1) Letters from authorized officials of the foreign organization and the petitioner, clearly describing the beneficiary’s actual job duties. The letter must include:
The specific daily tasks that are or were involved with the completion of each duty and the percentage of time spent on each duty; please do not group individual tasks together.
A list of employer (and individual contractors) in the beneficiary’s immediate division. department, or team. Include a summary or their job duties, educational level, salary, and whether they work full or part-time; and
A description of both the foreign employer’s and the petitioner’s products and services, including the exact productive and administrative tasks necessary to produce the products and services. Explain who performs those tasks, and tasks related to goal-setting, policy-making, and discretionary decision-making.
2) Organizational charts or diagrams that correspond with the beneficiary’s employment aboard and in the United States which:
Show the organization’s overall structure and staffing levels;
Identifies the beneficiary’s position; and
Lists all employees and contractors in the beneficiary’s immediate division, department, or team by name and job title.
Place this entire letter on top of your response. Submission of evidence without this letter will delay processing of your case and may result in a denial. Please use the enclosed envelop to mail the additional evidence requested back to this office.Sincerely
Mark J. Hazuda
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