dismissed EB-1C RFE Issued
Executive Director
Auto Body Shop · Venezuela · 2023-10-06
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 metExecutive Capacity (Not Met)
The AAO reserved judgment on this criterion as the failure to prove ability to pay was sufficient for dismissal.
Managerial Capacity (Not Met)
The AAO reserved judgment on this criterion as the failure to prove ability to pay was sufficient for dismissal.
Why This Petition Was Denied
The appeal was dismissed due to the petitioner's failure to demonstrate the ability to pay the proffered wage. The evidence provided was deemed not credible due to multiple unexplained inconsistencies between payroll records, bank statements, and tax filings. Furthermore, the petitioner's financial documents showed negative net income and insufficient net current assets to meet the salary obligations.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested evidence regarding the beneficiary's past salary and the petitioner's ability to pay. The response introduced conflicting payroll documents that undermined the case's credibility.
RFE Targets
Executive CapacityManagerial Capacity
Evidence
Evidence Submitted
- General director of an insurance brokerage in Venezuela since 1992
- Executive director of the petitioning auto body shop since 2018
Similar Cases
Others
Cosmetics
USCIS EB-1C rfe dismissed
2024-09-25
The appeal was dismissed because the Petitioner failed to demonstrate that the Beneficiary would act in an executive capacity in the United States. The AAO found that the Petitioner did not credibly document the proportion of executive versus non-qualifying duties, provided insufficient detail for executive tasks, and presented conflicting evidence regarding the organizational structure and staffing to support an executive role at the time of filing.
General Manager
Automotive
USCIS EB-1C rfe remanded
2024-10-10
The Administrative Appeals Office (AAO) found that the Director did not sufficiently analyze all submitted evidence regarding the qualifying relationship, including stock certificates, written consents, meeting minutes, stock ledger, tax returns, and bank documentation. Additionally, the AAO concluded that the Petitioner failed to provide sufficient evidence that the Beneficiary was employed abroad in a managerial or executive capacity, citing a generic duty description and evidence suggesting substantial involvement in day-to-day transactions rather than qualifying duties. The matter is remanded for a new decision considering all evidence.
Director
Marketing and Advertising · India
USCIS EB-1C rfe dismissed
New York 2024-11-22
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial capacity for at least one year. The evidence provided, including job descriptions and an organizational chart, did not sufficiently distinguish the Beneficiary's role from other senior data scientists or demonstrate primary engagement in managerial duties over operational tasks. The RFE response also lacked specific details on time breakdown for duties and managerial authority over personnel.
USCIS EB-1C rfe remanded
2024-12-16
The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the case due to several factual errors, insufficient analysis, and conclusory findings. The Director incorrectly stated the petitioner's business was 'maritime wholesale sales' instead of 'fitness clothing retailer and wholesaler' and referenced employment contracts that were never submitted. The AAO found the decision did not sufficiently explain the reasons for denial, preventing meaningful appellate review.
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: 2023-10-06.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 5
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist