dismissed EB-1C
President
Jewelry Designer, Maker, And Seller · Canada · 2024-11-12
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 metForeign Employment Duration (Not Met)
The Beneficiary did not work abroad for at least one year in the three years preceding U.S. entry, as significant time was spent in the U.S. during the claimed foreign employment period.
Executive Capacity (Foreign Employment) (Not Met)
The Petitioner failed to demonstrate the executive nature of the Beneficiary's work in Canada, as the provided evidence (letter, organizational chart) did not establish control over subordinate managerial staff.
Executive Capacity (Proposed U.S. Employment) (Not Met)
The Petitioner failed to demonstrate that the Beneficiary would be employed in an executive capacity in the U.S., citing inconsistencies in organizational structure, employee numbers, and the lack of sufficient staff to relieve the Beneficiary of operational duties.
Why This Petition Was Denied
The appeal was dismissed because the Petitioner's motion to reopen lacked new facts and the motion to reconsider failed to establish an incorrect application of law or policy. The Beneficiary did not meet the one-year foreign employment requirement due to time spent in the U.S. and the foreign role's executive nature was not demonstrated as it lacked control over subordinate managerial staff. The proposed U.S. role also lacked executive capacity due to discrepancies in organizational charts and insufficient staffing to relieve the Beneficiary of operational duties.
Evidence
Evidence Submitted
- Letter from the affiliate's director/secretary (found insufficient)
- 2018 organizational chart (found insufficient to show direction of management)
- Organizational chart for U.S. company (noted inconsistencies)
- Federal payroll tax returns for Q1-Q3 2020 (noted inconsistencies)
- Payroll record for March 2020 (noted inconsistencies)
Similar Cases
Others
Others · India
USCIS EB-1C rfe dismissed
Arkansas 2024-06-26
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a managerial or executive capacity for at least one year during the qualifying period. The record lacked a description of foreign duties, and the beneficiary's long-term presence in the U.S. as a visitor since 2015 constituted a disqualifying break in multinational employment. Additionally, the petitioner failed to document the beneficiary's nonimmigrant status and authorization to work in the U.S. at the time of filing.
Chief Executive Officer (CEO)
Wholesale Trade · Mongolia
USCIS EB-1C rfe dismissed
2024-04-08
The Petitioner failed to establish that the Beneficiary would be employed in an executive capacity because the organizational structure lacked sufficient staffing to relieve the Beneficiary from operational duties. The AAO found that post-filing hirings could not be considered to establish eligibility at the time of filing. Consequently, the Petitioner did not meet the burden of proof regarding the nature of the offered U.S. job.
President
Education
USCIS EB-1C rfe remanded
2024-11-27
The AAO remanded the case because the Director erroneously evaluated the Beneficiary's foreign position as a hybrid role, despite the Petitioner consistently claiming it was managerial. The Director also failed to consider or discuss significant evidence, including an expert opinion letter, organizational charts, and payroll records. For the U.S. position, the Director focused on organizational chart inconsistencies and vague discrepancies regarding the Beneficiary's dual role, without adequately analyzing the proposed managerial duties or the company's staffing structure. The Director also failed to provide adequate notice of evidentiary deficiencies.
General Manager
Event Management · India
USCIS EB-1C dismissed
Washington 2024-10-01
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would primarily perform executive duties, lacking sufficient evidence of subordinates to handle non-executive tasks. The organizational structure and staffing levels were inconsistent and inadequate to support an executive role. Furthermore, the qualifying relationship between the U.S. and foreign entities was not proven due to a defective stock certificate and conflicting ownership information on tax returns. The Petitioner's argument for a 'functional manager' role was also rejected as an improper change to the petition's basis and lacked supporting evidence.
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: 2024-11-12.
Browse all casesAt a Glance
Outcome dismissed
Criteria Met 0 / 5
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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