dismissed EB-1C
General Manager
Cell Phone And Accessories Retailer ยท 2024-07-12
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 metQualifying Relationship (Not Met)
The Petitioner failed to provide primary evidence of ownership and control, such as stock certificates, and provided conflicting documents regarding its legal structure and shareholders.
Managerial or Executive Capacity (Not Met)
The AAO reserved this issue as the lack of a qualifying relationship was dispositive, though the Director originally concluded this criterion was not met.
Why This Petition Was Denied
The Petitioner did not resolve conflicting information regarding its ownership with independent, objective evidence such as stock certificates or ledgers. Additionally, the amended tax returns submitted on motion contained internal inconsistencies and did not match previous claims of ownership structure.
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USCIS EB-1C rfe remanded
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General Manager
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USCIS EB-1C rfe dismissed
2024-10-24
The appeal was dismissed because the Petitioner failed to establish a qualifying relationship with the Beneficiary's foreign employer. Despite claiming the U.S. entity was wholly owned by the foreign employer, the submitted evidence, including a company agreement, unanimous consent document, and IRS Forms 1120, contained discrepancies and lacked crucial details like capital contribution amounts and membership certificates, failing to sufficiently prove ownership and control.
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: 2024-07-12.
Browse all casesAt a Glance
Outcome dismissed
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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