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dismissed EB-1C RFE Issued

Chief Operating Officer

Cell Phone And Cell Phone Accessories Retailer · India · 2024-07-31

Decision Date
2024-07-31
Location
Nebraska
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
Executive Capacity (Not Met)

The Beneficiary could not describe her daily duties during a site visit, and the job descriptions provided were too vague to prove she primarily directs management rather than day-to-day operations.

Foreign Employment Duration (Not Met)

Inconsistent dates were provided for the Beneficiary's foreign tenure, and a prior visa application listed a different employer during the claimed period.

Qualifying Relationship (Not Met)

Tax returns and stock certificates contained conflicting information regarding the ownership of the U.S. entity, making it impossible to verify an affiliate relationship.

Organizational Structure (Not Met)

The U.S. workforce saw a significant decline to only two employees by 2022, undermining the claim that the organization can support an executive role.

Why This Petition Was Denied

The Petitioner failed to resolve inconsistencies regarding the Beneficiary's foreign employment tenure and actual employer. The evidence did not establish that the Beneficiary would be employed in an executive capacity in the U.S., as she could not describe her daily tasks and the shrinking organizational structure suggested she would be involved in day-to-day operations. The appeal was dismissed because the Petitioner did not meet the burden of proof for executive capacity abroad or in the U.S.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR specifically addressed a 2011 NIV application where the Beneficiary listed a different employer, and findings from a 2019 site visit where the Beneficiary failed to articulate her job duties.

RFE Targets
Foreign Employment DurationExecutive CapacityQualifying Relationship

Evidence

Evidence Types
Reference Letters Dependent
High Salary
Evidence Submitted
  • Job offer letter for Finance Manager (2002)
  • Job offer letter for COO (2010)
  • Project proposal with signature (2012)
  • Performance review (2012)
  • Foreign paystubs (2013-2014)
  • Organizational meeting minutes (2015)

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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: 2024-07-31.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 5
Evidence Types 2

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

EB-1C Overview EB-1C in India All EB-1C Cases EB-1C Dashboard

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