remanded EB-1C
President
Hospitality Business · 2025-03-24
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 metManagerial Capacity (Not Met)
The record lacks evidence that the single restaurant was adequately staffed to relieve the Beneficiary from primarily performing non-managerial duties at the time of filing.
Organizational Structure (Not Met)
While an organizational chart was provided, it did not sufficiently demonstrate a structure capable of supporting a managerial position at the time of filing.
Why This Petition Was Remanded
The Director's decision was withdrawn because it failed to apply the correct statutory definition (managerial vs. executive) and did not consider the totality of the evidence, such as subordinate duties. The matter was remanded to allow for a proper analysis of whether the organization's staffing at the time of filing supported a managerial role.
Evidence
Evidence Submitted
- President of a hospitality business
- Organizational chart depicting the Beneficiary at the top of the staffing hierarchy
Similar Cases
Director
Hospitality · Canada
USCIS EB-1C rfe dismissed
Nebraska 2023-03-31
The appeal was dismissed because the Petitioner did not demonstrate a qualifying relationship with the Beneficiary's actual foreign employer. While the Petitioner and a Canadian management entity were affiliates, the Beneficiary's payroll and contract records identified her employer as a separate hotel owner, not the management entity.
Restaurant Manager
Food and Beverage
USCIS EB-1C rfe dismissed
New Jersey 2022-05-26
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would be employed in a managerial capacity in the United States. The job description was dominated by operational restaurant tasks, and the Petitioner failed to resolve inconsistencies regarding its actual staffing levels. The AAO found that the Beneficiary would be primarily performing the function rather than managing it at a senior level.
Quality Assurance Analyst
Food and Beverage · India
USCIS EB-1C remanded
2025-01-17
The Administrative Appeals Office (AAO) withdrew the Director's decision to dismiss the motion to reconsider because it did not sufficiently explain the reasons for dismissal. The Director failed to specify which motion requirements were unmet or why the Petitioner's evidence fell short of classification requirements, thus depriving the Petitioner of a fair chance to appeal and hindering meaningful review.
General Manager
Food and Beverage
USCIS EB-1C remanded
2025-02-20
The Administrative Appeals Office (AAO) remanded the case because the Director's dismissal of the motion to reconsider lacked specific reasons, and the finding of willful misrepresentation was presented without sufficient context or details, thus not allowing the Petitioner a proper opportunity for rebuttal. The AAO requires the Director to provide more information and specific explanations.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-03-24.
Browse all casesAt a Glance
Outcome remanded
Criteria Met 0 / 5
EB-1C Case Data
Scraped Case Data
Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist