dismissed EB-1C RFE Issued
Interconnection Vice President And New Business Development Executive
Telecommunications And Financial Services Company · Venezuela · 2024-07-16
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 metExecutive Capacity (Not Met)
The job description included operational tasks like market analysis and lacked evidence of sufficient staff to relieve the Beneficiary of non-qualifying duties.
Managerial Capacity (Not Met)
The Petitioner failed to show the Beneficiary would primarily manage an essential function or supervise professional staff at the time of filing.
Organizational Structure (Not Met)
The U.S. and foreign organizational charts showed vacant positions and staff not under the Beneficiary's direct authority.
Why This Petition Was Denied
The Petitioner failed to establish that the offered position was primarily managerial or executive at the time of filing. Evidence showed the Beneficiary would spend a majority of time on operational tasks like market research and contract negotiations due to a lack of filled subordinate positions. Additionally, organizational charts and reports contained conflicting information regarding the Beneficiary's actual authority and tenure.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE/NOID requested clarification on job duties and staffing levels. The petitioner provided updated charts and descriptions, but these reflected post-filing growth rather than status at the time of filing.
RFE Targets
Executive CapacityManagerial CapacityOrganizational Structure
Evidence
Evidence Types
Reference Letters Dependent
Evidence Submitted
- Organizational charts for U.S. and Venezuela entities
- Articles of Organization (LLC) listing Beneficiary as a Manager
- Annual Reports for 2008-2012 and 2019-2023
- Operating Agreement dated November 2015
- Job description with percentage of time allocation for duties
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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.
Browse More Cases
Case data sourced from publicly available petition decisions and case studies. Decision date: 2024-07-16.
Browse all casesAt a Glance
Outcome dismissed
RFE Issued
Criteria Met 0 / 5
Evidence Types 1
EB-1C Case Data
Scraped Case Data
Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47
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