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dismissed EB-1C RFE Issued

General Manager

Advertising And Marketing Consulting Service · 2025-02-05

Decision Date
2025-02-05
Location
U.S.
This case is from a USCIS Administrative Appeals Office (AAO) appeal decision. Appeal cases represent a subset of petitions and may not reflect typical outcomes.

Framework Evaluation

1 of 4 criteria met
Qualifying Relationship (Met)

Upon review of new evidence (amended 2022 income tax return) and previous submissions, USCIS concluded that the Petitioner established a qualifying relationship with the Beneficiary's foreign employer by a preponderance of the evidence.

Executive Capacity (U.S.) (Not Met)

The Petitioner failed to establish that the Beneficiary would primarily direct the management of the U.S. organization or a major component/function, as required for executive capacity. Insufficient information was provided about subordinate staff to demonstrate a management structure warranting executive supervision, and employee records contained significant inconsistencies.

Executive Capacity (Abroad) (Not Met)

This issue was reserved in the initial appellate decision and remains reserved as the petition was dismissed on other grounds.

Why This Petition Was Denied

The motion to reopen was dismissed because the Petitioner failed to establish that the Beneficiary would direct the management of the U.S. organization or a major component/function thereof, a key requirement for executive capacity under EB-1C. The Petitioner did not provide sufficient information about subordinate staff to demonstrate a management structure warranting executive supervision, and evidence like organizational charts, employee numbers, and payroll records contained material inconsistencies and lacked credibility. Although a qualifying relationship was established, it did not alter the outcome due to the unresolved executive capacity issue.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested a clear description of the Beneficiary's duties and job descriptions for the Beneficiary's subordinates to demonstrate that the Beneficiary directs the management of the organization or a major component. The Petitioner responded with a re-worded job description and claimed the Beneficiary oversaw two executives, but did not provide the requested subordinate job descriptions or further explanation.

RFE Targets
Executive Capacity (Abroad)organizational structure

Evidence

Evidence Types
Income Tax Return
Organizational Chart
Pay Receipts
Job Offer Letters
Company Agreement

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Frequently Asked Questions

A dismissed EB-1C petition means USCIS found the evidence insufficient to meet the eligibility criteria. Common reasons include weak documentation, failure to meet the required number of criteria, or insufficient evidence of the claimed qualifications. Petitioners can refile with stronger evidence or explore alternative visa categories.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-02-05.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 4
Evidence Types 5

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

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