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remanded EB-1C RFE Issued

Chief Financial Officer

Wholesaler Of Wire And Cable Products And A "Provide[R Of] Solutions For The Energy And Telecommunications Industry" · 2024-09-27

Decision Date
2024-09-27
Location
Texas
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 concluded the beneficiary could not be performing the role of Chief Financial Officer based on her inability to describe job duties or knowledge of company finances during an interview. The AAO remanded this for further consideration due to vague NOIR.

Managerial Capacity (Not Met)

The Director concluded the beneficiary could not be performing a managerial role based on her inability to name people she supervised. The AAO remanded this for further consideration due to vague NOIR.

Why This Petition Was Remanded

The Administrative Appeals Office (AAO) withdrew the Director's decision to revoke, finding the Notice of Intent to Revoke (NOIR) and revocation notice impermissibly vague and lacking sufficient detail and corroboration. The AAO determined that the evidence presented did not adequately support a finding of willful misrepresentation, particularly regarding the beneficiary's prior dentistry career and remote work from Florida. The matter was remanded for further consideration of the misrepresentation finding and potential concerns about the petition's merits, including financial documentation discrepancies.

Request for Evidence (RFE)

Unsuccessfully Addressed

The NOIR requested evidence to address discrepancies regarding the beneficiary's job duties, her inability to name supervisees or describe duties, and her lack of knowledge of company finances, suggesting misrepresentation of her job experience and title. The petitioner responded with affidavits from the CEO and FD, the beneficiary's own affidavit, and email conversations.

RFE Targets
Executive CapacityManagerial Capacity

Evidence

Evidence Submitted
  • Beneficiary's resume indicating roles as marketing coordinator, sales coordinator, and administrative and accounting director at the foreign affiliate from 2007 to 2018.
  • Petitioner's statement that the Beneficiary would direct two coordinators in the U.S. (commercial and financial) and financial teams of affiliates in four other countries, directly supervising administrative and accounting coordinators and indirectly supervising eleven employees.
  • Pay receipts from the foreign affiliate showing the Beneficiary's hiring date in 2007.
  • Affidavits from the Petitioner's CEO and financial director attesting to the Beneficiary's current CFO duties and past employment.
  • Beneficiary's affidavit from 2021 regarding her interview responses and employment history.
  • Email conversations between the Beneficiary and personnel at foreign affiliates, dated August 2021 to January 2023, discussing payments, salary adjustments, and financial statements.

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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: 2024-09-27.

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At a Glance

Outcome remanded
RFE Issued
Criteria Met 0 / 5

EB-1C Case Data

Scraped Case Data

Total Cases 89
Success Rate 15.7%
Sustained 14
Dismissed 47

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