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remanded EB-1C RFE Issued

General Manager

Automotive Repair Businesses · 2024-10-10

Decision Date
2024-10-10
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 met
Qualifying Relationship (Not Met)

The Director initially found the qualifying relationship unmet due to insufficient evidence of ownership and control, and lack of proof of the foreign entity's continued existence. The AAO agreed that the Director's analysis was insufficient but did not definitively state the criterion was met, remanding for further consideration.

Foreign Employment in Managerial or Executive Capacity (Not Met)

The AAO concluded that the Petitioner did not provide sufficient evidence to demonstrate the Beneficiary was employed abroad in a managerial or executive capacity, citing a generic duty description and evidence suggesting primary engagement in non-qualifying operational duties.

Why This Petition Was Remanded

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence beyond stock certificates to establish the petitioner's ownership and a detailed list of owners. It also sought proof of a successor in interest to A-C-Inc. and evidence that the foreign employer still existed and conducted business. The petitioner submitted various documents including corporate records and tax returns, but the Director dismissed the motion to reopen, stating the successor in interest was not established.

RFE Targets
Qualifying Relationship

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Frequently Asked Questions

A remanded EB-1C petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-10-10.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 5

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

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