Visalytics
Visalytics
dismissed EB-1C

Controller

Cellular Phone Retailer ยท 2025-01-03

Decision Date
2025-01-03
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 4 criteria met
Executive Capacity (Not Met)

The Petitioner failed to establish that the Beneficiary was employed abroad in an executive capacity or would be employed in an executive capacity in the United States.

Foreign Employment Duration (Not Met)

The Beneficiary's claimed employment abroad took place outside the statutorily required three-year period preceding the petition's filing date, as the Beneficiary was in the United States throughout that period.

Qualifying Relationship (Not Met)

The Petitioner submitted incomplete and inconsistent information about the ownership of the two claimed employing entities, failing to establish a qualifying affiliate or parent-subsidiary relationship.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to demonstrate that the prior decision was based on an incorrect application of law or policy. The Petitioner did not adequately address the issues of the Beneficiary's foreign and proposed U.S. employment, which were deemed waived. Furthermore, the Petitioner resubmitted previously considered documents and provided conflicting evidence regarding company ownership, failing to resolve the inconsistencies raised in prior decisions.

Similar Cases

Controller

Retail

USCIS EB-1C rfe dismissed
2024-08-13
The motions to reopen and reconsider were dismissed because the Petitioner failed to address the dismissal grounds regarding the Beneficiary's foreign and proposed U.S. employment. Additionally, the Petitioner did not establish a qualifying relationship between the company and the foreign employer due to internally inconsistent and unreliable tax returns and a lack of legible transactional documentation of ownership.

General Manager

Retail

USCIS EB-1C dismissed
Illinois 2024-07-12
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.

Controller

Retail

USCIS EB-1C rfe dismissed
2024-07-12
The appeal was dismissed because the Petitioner's motion to reopen did not present new facts, and the motion to reconsider failed to identify an incorrect application of law or policy. Specifically, the Petitioner resubmitted previously rejected evidence and failed to provide tax documentation covering the entire period from the 2018 priority date.

Chief Operating Officer (COO)

Retail

USCIS EB-1C dismissed
2990 days 2024-12-19
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).

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

More dismissed cases More Retail cases

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-03.

Browse all cases

At a Glance

Outcome dismissed
Criteria Met 0 / 4

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

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

Get Case Insights

Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.

Join Waitlist