dismissed EB-1C RFE Issued
President
Wholesaler Of Wool And Cashmere Products · Mongolia · 2024-04-08
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 Petitioner did not demonstrate that the Beneficiary would primarily perform executive duties due to insufficient staffing at the time of filing.
Organizational Structure (Not Met)
The company lacked the organizational hierarchy and personnel necessary to support an executive position at the time of filing.
Why This Petition Was Denied
The Petitioner failed to establish that the Beneficiary would be employed in an executive capacity because the organizational structure lacked sufficient staffing to relieve the Beneficiary from operational duties. The AAO found that post-filing hirings could not be considered to establish eligibility at the time of filing. Consequently, the Petitioner did not meet the burden of proof regarding the nature of the offered U.S. job.
Request for Evidence (RFE)
Unsuccessfully AddressedThe RFE sought evidence that the Petitioner had sufficient staffing to support an executive role. The Petitioner provided evidence of post-filing hires, which was rejected as it did not establish eligibility at the time of filing.
RFE Targets
Executive CapacityOrganizational Structure
Evidence
Evidence Submitted
- General Manager role at parent company in Mongolia (2016-2021)
- Quarterly tax returns
- Payroll records
- Job descriptions of proposed duties
- Organizational hierarchy details
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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: 2024-04-08.
Browse all casesAt a Glance
Outcome dismissed
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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