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dismissed EB-1C

Chief Operating Officer (COO)

Cell Phone Retailer · 2024-12-19

Processing Time
2990 days
Decision Date
2024-12-19
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
Executive Capacity (Not Met)

The Petitioner failed to establish that the Beneficiary's U.S. position qualifies as an executive capacity, citing her inability to describe day-to-day duties during a site visit and evidence that her spouse was performing many of her described duties.

Foreign Employment Duration (Not Met)

The Petitioner provided inconsistent dates for the Beneficiary's claimed employment abroad and submitted documents that fell outside the relevant three-year period. Discrepancies in salary information and a conflicting employer listed on a nonimmigrant visa application further undermined the claim.

Qualifying Relationship (Not Met)

The Petitioner failed to resolve inconsistencies regarding the ownership of the petitioning company and its claimed foreign affiliate, with conflicting information in share certificates and tax returns, thus failing to establish a qualifying relationship.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the prior decision was based on an incorrect application of law or policy. The Petitioner did not resolve numerous discrepancies regarding the Beneficiary's claimed employment abroad (inconsistent dates, salary, and employer claims on NIV application) and her U.S. position (inability to describe duties during site visit, spouse performing duties, conflicting ownership information, and inconsistent tax returns).

Evidence

Evidence Submitted
  • job descriptions
  • pay receipts
  • promotion letter
  • NIV application
  • share certificates
  • tax returns

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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: 2024-12-19.

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At a Glance

Outcome dismissed
Processing 2990 days
Criteria Met 0 / 3

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

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