Visalytics
Visalytics
dismissed EB-1C RFE Issued

Chief Executive Officer

Childcare Center · China · 2025-03-20

Decision Date
2025-03-20
Location
Texas
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 Director found this unmet; the AAO reserved the issue as the ability to pay was dispositive.

Managerial Capacity (Not Met)

The record did not sufficiently establish that the Beneficiary's past or future duties were primarily managerial.

Qualifying Relationship (Not Met)

While the Petitioner claimed a relationship between the Chinese mining company and the U.S. LLC, the financial inconsistencies and lack of audited data prevented a clear determination of the corporate structure's validity for EB-1C purposes.

Foreign Employment Duration (Not Met)

The Petitioner claimed the Beneficiary worked abroad since 2012, but the Director found the evidence insufficient to establish the capacity of that role.

Organizational Structure (Not Met)

The Petitioner failed to provide a clear organizational structure that supported executive or managerial oversight of professional subordinates.

Why This Petition Was Denied

The appeal was dismissed because the Petitioner did not demonstrate the ability to pay the proffered wage through required evidence (annual reports, tax returns, or audited financial statements). The 2022 tax return showed insufficient net income and net current assets, while the internal financial reports were unaudited and contained material inconsistencies that were not resolved with objective evidence.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE sought to clarify the Petitioner's financial standing and the nature of the Beneficiary's roles. The Petitioner responded with a 2022 Form 1065 and unaudited profit and loss statements.

RFE Targets
Executive CapacityManagerial Capacity

Evidence

Evidence Submitted
  • General manager and majority owner of a mining company in China since 2012

Similar Cases

Chief Executive Officer (CEO)

Wholesale Trade

USCIS EB-1C rfe remanded
California 2025-03-04
The AAO withdrew the Director's decision and remanded the case for a new decision. The AAO found the Petitioner had established it was doing business for at least one year, contrary to the Director's finding. However, the AAO determined that the Director's analysis of the Beneficiary's executive capacity was insufficient, particularly regarding whether the Beneficiary's immediate subordinates constituted 'management' and the credibility of job descriptions.

Chief Executive Officer (CEO)

Manufacturing

USCIS EB-1C rfe remanded
2024-09-13
The AAO concluded that a qualifying relationship exists between the Petitioner and the foreign employer due to common sole ownership by the Beneficiary, despite the Petitioner's S-corporation tax status. The AAO found the Director erred by misinterpreting staffing changes as inconsistencies and failing to assess the Petitioner's staffing at the time of filing or the Beneficiary's proposed job duties to determine executive capacity. The matter was remanded for a new decision consistent with this analysis.

Chief Executive Officer (CEO)

Healthcare · Pakistan

USCIS EB-1C rfe dismissed
2024-07-18
The appeal was dismissed because the Petitioner failed to resolve material discrepancies in ownership records with independent, objective evidence. Specifically, the Petitioner submitted conflicting operating agreements and tax forms regarding who held majority control of both the U.S. and foreign entities. Without consistent evidence of ownership and control, the Petitioner could not demonstrate a qualifying relationship as required by 8 C.F.R. § 204.5(i)(2).

Chief Executive Officer (CEO)

Software

USCIS EB-1C rfe remanded
Texas 2024-08-08
The Director's decision was withdrawn and the matter remanded because it failed to adequately state specific reasons for denial, did not fully analyze submitted evidence, and overlooked the Petitioner's claim of a parent-subsidiary relationship. The AAO also noted significant inconsistencies in the ownership documentation provided for both the U.S. and foreign entities, which were not addressed in the initial RFE or decision.

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 Education cases More cases from China

Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-20.

Browse all cases

At a Glance

Outcome dismissed
RFE Issued
Criteria Met 0 / 5

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 China 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