Chuncheng Ren v. USCIS, No. 21-1661 (4th Cir. 2023)
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Elizur International Inc. (“Elizur”) filed a Form I-140 Immigration Petition for Alien Worker on behalf of its employee, seeking to permanently employ their employee in the United States as a multinational executive or manager under the Immigration and Nationality Act (“INA”). The United States Citizenship and Immigration Services (“USCIS”) denied Elizur’s petition. Rather than file an administrative appeal, Elizur and the employee sued in federal court and lost.
The Fourth Circuit affirmed. The court concluded that the agency did not commit a clear error in judgment. The record contains ample support for the agency’s conclusion that Elizur failed to provide the necessary level of detail as to the employee's duties to permit the agency to conclude that the employee functioned in a managerial or executive capacity while employed at Triple-R. Further, the generic and vague statements, many of which the agency cited in its decision, fall well short of what’s required to demonstrate that the employee primarily performed managerial or executive functions.
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