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remanded EB-1C RFE Issued

President

Privately Owned Micro-School · 2024-11-27

Decision Date
2024-11-27
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 4 criteria met
Managerial Capacity (Not Met)

The Director's determination that the Beneficiary was not employed abroad in a managerial capacity was found to be insufficiently explained and based on an erroneous evaluation of a 'hybrid' role. For the U.S. position, the AAO found the record currently insufficient to establish managerial capacity, noting many duties appeared operational/administrative rather than supervisory.

Executive Capacity (Not Met)

The Petitioner did not claim that the Beneficiary has been or will be employed in an executive capacity.

Foreign Employment Duration (Not Met)

The Director's decision did not sufficiently explain the basis for determining that the Beneficiary was not employed abroad as a manager for the required duration, failing to consider evidence submitted in response to the RFE.

Organizational Structure (Not Met)

The Director found deficiencies in the organizational chart, noting it did not depict who the Beneficiary reported to and contained inconsistencies with payroll records regarding employee numbers. The AAO noted the Director did not provide adequate notice of evidentiary deficiencies related to the U.S. company's staffing and organizational structure.

Why This Petition Was Remanded

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.

Request for Evidence (RFE)

Unsuccessfully Addressed

The RFE requested additional evidence to establish the Beneficiary's managerial capacity abroad, including daily tasks, organizational charts, and payroll records. For the U.S. position, it sought an explanation of daily tasks, the organizational chart, and payroll/tax documents. The Petitioner responded with new statements, resubmitted charts, and payroll, but the Director found the response insufficient, citing inconsistencies and lack of clarity.

RFE Targets
Managerial CapacityOrganizational Structure

Evidence

Evidence Submitted
  • Beneficiary served as foreign entity's director with two subordinate employees.
  • Signed statement from foreign entity's sole director confirming Beneficiary's managerial duties.
  • List of foreign entity's employers and contractors, including duties, salary, credentials, and hire dates.
  • Foreign entity's organizational chart.
  • Payroll records for foreign entity (October 2023 - February 2024).
  • Letters and documentation regarding Beneficiary's duties from a nonimmigrant visa petition.
  • Beneficiary's U.S. duties (initial submission): reviewing/analyzing general operations, overseeing/directing subordinate managerial personnel, analyzing financial statements/operation reports.
  • U.S. organizational chart depicting Beneficiary at top, overseeing a guide manager (who oversaw four guides/teachers), with a general manager parallel, and planned hires for administrator/administrative assistant.
  • Details regarding duties, salaries, and educational credentials of U.S. employees.
  • Copies of U.S. payroll and tax documentation.
  • New statement of U.S. duties (RFE response): 15% personnel management, 20% directing guide manager, 25% directing financial activities, 10% overseeing risk management/legal/representation, 10% creating/implementing marketing strategies, 15% evaluating administrative/operational policies, 5% collaborating with owners on operational strategies.

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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.

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Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-11-27.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 4

EB-1C Case Data

Scraped Case Data

Total Cases 90
Success Rate 16.7%
Sustained 15
Dismissed 47

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