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remanded EB-1C

Quality Assurance Manager

Restaurants And Sweets Shops · India · 2025-01-17

Decision Date
2025-01-17
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 met
Executive Capacity (Not Met)

The Director's NOIR alleged insufficient evidence of the Petitioner's intent to employ the Beneficiary in an executive capacity in the U.S., and the motion decision failed to adequately address this.

Managerial Capacity (Not Met)

The Director's NOIR alleged insufficient evidence of the Petitioner's intent to employ the Beneficiary in a managerial capacity in the U.S., and the motion decision failed to adequately address this.

Foreign Employment Duration (Not Met)

The Director's NOIR alleged insufficient evidence of the Beneficiary's required work abroad for at least one year in a managerial or executive capacity, and the motion decision failed to adequately address this.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision to dismiss the motion to reconsider because it did not sufficiently explain the reasons for dismissal. The Director failed to specify which motion requirements were unmet or why the Petitioner's evidence fell short of classification requirements, thus depriving the Petitioner of a fair chance to appeal and hindering meaningful review.

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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: 2025-01-17.

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At a Glance

Outcome remanded
Criteria Met 0 / 5

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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