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remanded EB-1C RFE Issued

President

Freight Forwarding Company · 2025-03-11

Decision Date
2025-03-11
Location
Florida
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
Qualifying Relationship (Not Met)

The Director initially denied based on a lack of qualifying relationship, citing issues with the Petitioner's S-corp status and the owner's residency. While the AAO found the owner is a U.S. citizen, new discrepancies in the Petitioner's share ownership history (conflicting documents regarding initial ownership and share distribution) were identified, requiring further resolution to establish the qualifying relationship.

Executive Capacity (Not Met)

The Director concluded that the Petitioner had not established the Beneficiary's proposed U.S. position meets executive capacity requirements, based solely on inconsistent staffing figures. The AAO disagreed with the Director's assessment of staffing, noting the payroll processing agreement, but remanded the matter for a new decision on the merits of the executive capacity claim, implying it was not fully evaluated.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) found that the Director's conclusions regarding the owner's citizenship and the staffing discrepancy were not fully supported by the evidence, as the owner is a U.S. citizen and contract employees should be considered. However, the AAO identified new discrepancies in the Petitioner's share ownership history, requiring further clarification. The matter is remanded for a new decision on both the qualifying relationship and the merits of the executive capacity claim.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish a qualifying relationship between the Petitioner and the foreign employer, and to resolve discrepancies in the Petitioner's stated staff size. The Petitioner responded by clarifying common ownership by A.F.P. and explaining the use of a payroll processing company for a portion of its workforce.

RFE Targets
Qualifying Relationshiporganizational structure

Evidence

Evidence Submitted
  • The Beneficiary became the general manager of C-C-L-, a cargo logistics company in Colombia, in 2018.

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Frequently Asked Questions

A remanded EB-1C petition means the case was sent back to the field office for further review. This happens when procedural errors are found or additional evidence should be considered. It is neither an approval nor a denial.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-11.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 5

EB-1C Case Data

Scraped Case Data

Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47

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