All Cases
5 cases · 3 approved / sustained · 2 denied / dismissed · 0 remanded
Others
Retail · Canada
USCIS EB-1C sustained
2025-04-14
The AAO determined that the statute allows for a beneficiary to be employed abroad by the 'same employer' (the U.S. entity) rather than a separate foreign office. The record established the Beneficiary worked in a managerial capacity for over one year in Canada before entering the U.S. and that the Petitioner is a qualifying multinational organization doing business in multiple countries.
President
Jewelry · Canada
USCIS EB-1C dismissed
2024-11-12
The appeal was dismissed because the Petitioner's motion to reopen lacked new facts and the motion to reconsider failed to establish an incorrect application of law or policy. The Beneficiary did not meet the one-year foreign employment requirement due to time spent in the U.S. and the foreign role's executive nature was not demonstrated as it lacked control over subordinate managerial staff. The proposed U.S. role also lacked executive capacity due to discrepancies in organizational charts and insufficient staffing to relieve the Beneficiary of operational duties.
General Manager
Consulting · Canada
USCIS EB-1C sustained
2024-08-26
The appeal was sustained because the Petitioner demonstrated a qualifying relationship with the foreign employer as affiliates within a global accounting and consulting network. The Director had applied an incorrect definition of affiliates, failing to account for firms marketing services under the same internationally recognized name under a worldwide coordinating organization. Evidence showed the Petitioner and the Canadian entity met the specific regulatory criteria for such multinational affiliations.
Others
Consulting · Canada
USCIS EB-1C sustained
2024-08-05
The Petitioner established a qualifying relationship with the foreign entity through their membership in a global consulting network. Evidence confirmed the foreign employer continues to do business in Canada and the U.S. entity met the one-year doing business requirement. The appeal was sustained after a de novo review determined the Petitioner met the preponderance of evidence standard.
Director
Hospitality · Canada
USCIS EB-1C rfe dismissed
Nebraska 2023-03-31
The appeal was dismissed because the Petitioner did not demonstrate a qualifying relationship with the Beneficiary's actual foreign employer. While the Petitioner and a Canadian management entity were affiliates, the Beneficiary's payroll and contract records identified her employer as a separate hotel owner, not the management entity.