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dismissed EB-1C

General Manager

Planning Services For Weddings And Other Events · India · 2024-10-01

Decision Date
2024-10-01
Location
Washington
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 3 criteria met
Foreign Employment Duration (Met)

The company's continuous business operations since 2014 indicate that it has been doing business for at least one year, satisfying the requirement for foreign employment duration.

Executive Capacity (Not Met)

The Petitioner failed to demonstrate that the Beneficiary would primarily perform executive duties, citing insufficient staffing and inconsistent organizational structure to relieve him of non-executive tasks. The evidence provided regarding employee numbers and roles was contradictory, and the 'functional manager' argument was rejected.

Qualifying Relationship (Not Met)

The Petitioner did not establish a valid qualifying relationship with the foreign employer. The stock certificate submitted was invalid under state law, and federal income tax returns identified the Beneficiary, not the foreign employer, as the sole owner.

Why This Petition Was Denied

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.

Evidence

Evidence Types
Form I-140
Payroll Records
Tax Returns
Organizational Chart
Business Plan
Stock Certificate
Company By-Laws
Job Description
Evidence Submitted
  • Form I-140 stating 4 estimated employees
  • Federal and state payroll tax returns
  • IRS Forms W-2, Wage and Tax Statements
  • Organizational chart in business plan (showing 4 employees)
  • Separate organizational chart (showing 5 employees including administrative assistant)
  • Descriptions of proposed duties for Beneficiary and subordinates

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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: 2024-10-01.

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At a Glance

Outcome dismissed
Criteria Met 1 / 3
Evidence Types 8

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

Related Pages

EB-1C Overview EB-1C in India All EB-1C Cases EB-1C Dashboard

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