dismissed EB-1C RFE Issued
Director Of Catering And Events
Hotel Organization · Canada · 2023-03-31
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 1 criteria metQualifying Relationship (Not Met)
The record failed to show a qualifying relationship between the U.S. petitioner and the specific legal entity that employed the beneficiary abroad.
Why This Petition Was Denied
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.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE requested proof of a qualifying relationship; the petitioner provided management agreements which actually proved the foreign entity was not the employer.
RFE Targets
Qualifying Relationship
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2023-03-31.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 1
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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