VHV Jewelers, LLC v. Wolf, No. 20-14788 (11th Cir. 2021)
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VHV, a wholesale jewelry importer and the domestic counterpart of Khushi in India, filed a new-office petition and obtained L-1 nonimmigrant status for Vaidya, a citizen of India, to work as VHV’s CEO. VHV later sought to extend Vaidya’s L-1 classification for two years. After allowing VHV to submit additional information, USCIS concluded that the record was insufficient to prove that Vaidya was employed in an executive capacity in his foreign position and insufficient regarding his domestic position. USCIS found that Vaidya’s subordinates did not hold positions in a managerial capacity, Vaidya’s duties did “not make sense given the overall nature and organizational complexity of the foreign organization,” Vaidya apparently performed many non-qualifying duties, and the descriptions of his duties were overly generic.
The Eleventh Circuit affirmed summary judgment in favor of the government. USCIS’s decision was not arbitrary and capricious. For an employee to qualify for L-1 status as an executive, 8 U.S.C. 1361 requires that the employee bear a certain set of high-level responsibilities and that the employee primarily engages in those specified duties. New-office petitions additionally require evidence that the transferee was employed abroad “for one continuous year in the three-year period preceding the filing of the petition in an executive or managerial capacity.” Neither Vaidya’s employment abroad nor his domestic position met these requirements.
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