remanded EB-1C RFE Issued
Vice President And Chief Operating Officer
Restaurant And Food Services Company · 2024-06-25
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.
Why This Petition Was Remanded
The decision was remanded because the Director relied on 2022 financial data that predated the June 2023 priority date. The AAO determined that 2023 tax returns or financial statements, which were unavailable at the time of the initial decision, are now necessary to evaluate the ability to pay. Furthermore, the Petitioner needs to provide evidence of the payroll arrangement with its affiliate to credit the Beneficiary's prior earnings toward the ability to pay analysis.
Request for Evidence (RFE)
Unsuccessfully AddressedThe Director issued a NOID questioning the ability to pay the $96,000 wage. The Petitioner responded with details on an affiliate paymaster and a forgiven PPP loan, but the Director still found the evidence insufficient.
Similar Cases
Chief Operating Officer (COO)
Fintech
USCIS EB-1C rfe remanded
2025-02-26
The AAO remanded the case because the Director disregarded the Petitioner's descriptions of job duties, misinterpreted evidence regarding the Beneficiary's U.S. start date (September 2023 vs. 2019), and incorrectly concluded the Beneficiary was employed as CFO in the U.S. based on a legal formality. The AAO also noted the Director should have focused on staffing at the time of filing and reconsidered the executive nature of the Beneficiary's work, asking for more information on non-supervised employees.
Chief Executive Officer (CEO)
Food and Beverage
USCIS EB-1C rfe remanded
Texas 2023-11-21
The Director's decision was withdrawn because it failed to provide a complete and accurate analysis of the evidence and applied incorrect legal standards regarding visa types. The matter was remanded to evaluate the Beneficiary's roles specifically under the 'executive capacity' framework as requested by the Petitioner. Additionally, the Director must clarify the timeline of the Beneficiary's qualifying foreign employment within the three years preceding his entry as a nonimmigrant.
Director
Food and Beverage
USCIS EB-1C rfe remanded
Texas 2024-04-11
The decision was remanded because the Director failed to acknowledge and consider the primary evidence submitted, including audited financial statements and tax returns. The AAO determined the Petitioner did provide the initial evidence required by 8 C.F.R. § 204.5(g)(2) for 2021 and demonstrated the unavailability of 2022 documents at the time. A remand is necessary to re-evaluate the ability to pay with the now-available 2022 tax returns.
USCIS EB-1C rfe dismissed
Texas 2025-03-24
The appeal was dismissed because the Petitioner did not establish the ability to pay the $30,000 annual proffered wage. Financial evidence provided belonged to a subsidiary rather than the petitioning entity, and the record lacked evidence of the Petitioner's own profitability, growth, or reputation under the totality of circumstances.
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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-06-25.
Browse all casesAt a Glance
Outcome remanded
RFE Issued
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
Related Pages
Get Case Insights
Compare your profile against thousands of real petition outcomes. Join the waitlist for personalized analysis.
Join Waitlist