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dismissed EB-1C RFE Issued

Operations Manager

Importer And Distributor Of Materials For The Digital Printing Industry · 2025-01-16

Decision Date
2025-01-16
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

1 of 5 criteria met
Qualifying Relationship (Met)

The Director's determination that the Petitioner did not establish a qualifying relationship was withdrawn, implying this criterion was met.

Managerial Capacity (Personnel Manager) (Not Met)

The Beneficiary's duties included both managerial and non-managerial tasks, and the Petitioner did not consistently quantify the time spent on each. The Beneficiary had only one direct subordinate, and evidence suggested he spent a small portion of his time supervising this individual, with many stated duties being non-qualifying operational tasks.

Managerial Capacity (Function Manager) (Not Met)

The Petitioner did not sufficiently substantiate that the Beneficiary would be primarily engaged in managing an essential function rather than performing it. The Beneficiary was responsible for several apparent non-qualifying operational duties, and there was insufficient evidence of primary delegation of non-qualifying tasks to subordinates.

Organizational Structure (Not Met)

The Petitioner did not clearly corroborate staffing levels, with asserted numbers fluctuating, and failed to substantiate wages paid to claimed employees, raising questions about the organizational structure and the Beneficiary's role within it.

Why This Petition Was Denied

The motion to reconsider was dismissed because the Petitioner failed to establish that the Beneficiary would primarily perform managerial duties, either as a personnel manager or a function manager. For a personnel manager, the Beneficiary had only one direct subordinate, and evidence suggested a small portion of time was spent supervising this individual, with many stated duties being non-managerial operational tasks. The Petitioner did not provide supporting documentation to substantiate personnel authority, delegation of non-qualifying tasks, or wages paid to claimed subordinates. For a function manager, the Petitioner did not sufficiently substantiate that the Beneficiary would be primarily engaged in managing an essential function rather than performing it, with the Beneficiary still responsible for several apparent non-qualifying operational duties. The AAO concluded it was more likely the Beneficiary was performing non-qualifying operational tasks himself or alongside subordinates, thus not meeting the EB-1C criteria for managerial or executive capacity.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested clarification on the Petitioner's staffing and organizational structure, the Beneficiary's areas of responsibility, and the nature of his day-to-day duties, particularly regarding the time spent on managerial vs. non-managerial tasks. The Petitioner's response did not sufficiently quantify the time spent on managerial duties or substantiate the Beneficiary's personnel authority and delegation of tasks.

RFE Targets
Managerial Capacity (Function Manager)Organizational Structure

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2025-01-16.

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At a Glance

Outcome dismissed
RFE Issued
Criteria Met 1 / 5

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

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