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dismissed EB-1C RFE Issued

Deputy General Manager

Autism Rehabilitation Center · China · 2025-02-05

Decision Date
2025-02-05
Location
Nevada
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 3 criteria met
Managerial Capacity (Not Met)

The Petitioner failed to provide a sufficiently clear description of the Beneficiary's U.S. job duties, with broad categories and general responsibilities that did not identify specific tasks or time allocation. Inconsistencies between the job description and organizational charts, particularly regarding supervision and claimed responsibilities in finance, sales, and market research, further indicated that the Beneficiary's intended position was not adequately described as primarily managerial.

Foreign Employment in Managerial or Executive Capacity (Not Met)

The Director initially concluded that the record did not establish that the Beneficiary had been employed abroad in a managerial or executive capacity due to technical deficiencies in submitted documentation, specifically employer letters lacking the required addresses. The AAO reserved a final determination on this issue, but noted the initial deficiencies.

Qualifying Relationship (Not Met)

The Director initially concluded that the record did not establish that the Petitioner and its foreign parent company are doing business. The AAO reserved a final determination on this issue, but noted the initial deficiencies.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not remedy documentary deficiencies identified in the RFE, specifically regarding incomplete translation certifications and employer letters lacking the writer's address. Furthermore, the Petitioner failed to provide enough consistent evidence and information to establish that the Beneficiary would be employed in a primarily managerial capacity in the U.S., citing a vague job description and conflicting organizational charts.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional details for the Beneficiary's U.S. job description, including specific tasks, goal-setting, policy-making, and discretionary decision-making, and the time spent on these tasks. It also highlighted deficiencies in employer letters (missing writer addresses) and translation certifications (not attesting to completeness or personal competence). The Petitioner's response included the same job description, a new but still non-compliant translation certification, and new employer letters that still lacked required addresses.

RFE Targets
Foreign Employment in Managerial or Executive CapacityManagerial CapacityQualifying Relationship

Evidence

Evidence Submitted
  • Beneficiary worked for I I as a deputy general manager from October 2020 to July 2022.

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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 0 / 3

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

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