dismissed EB-1C
Associate Director
Architectural Engineering Services Company · India · 2024-06-28
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
0 of 5 criteria metManagerial Capacity (Not Met)
The Petitioner failed to show the Beneficiary would primarily manage the function rather than perform operational tasks, citing insufficient subordinate staffing.
Organizational Structure (Not Met)
The organizational chart was found to be vague and did not reflect how foreign or domestic staff would support the Beneficiary in a senior capacity.
Why This Petition Was Denied
The motion was dismissed because the Petitioner did not establish that the Beneficiary would primarily manage a function rather than perform it. The evidence failed to show a sufficient subordinate staff to relieve the Beneficiary from performing non-qualifying operational tasks, and the Petitioner did not prove the Beneficiary acted at a senior level within the organizational hierarchy.
Evidence
Evidence Types
Reference Letters Dependent
Evidence Submitted
- Associate director role at an architectural engineering services company
- Management of a 'Facade' department/function
- Supervision of a project coordinator and a business and projects coordinator in the U.S.
- Claimed oversight of thirty-five managerial and professional employees (initially asserted)
- Authority over personnel actions such as leave requests, evaluations, and salary increases
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-28.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 5
Evidence Types 1
EB-1C Case Data
Scraped Case Data
Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47
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