All Cases
13 cases · 2 approved / sustained · 9 denied / dismissed · 2 remanded
General Manager
Software · India
USCIS EB-1C rfe remanded
2025-03-04
The AAO withdrew the Director's decision, finding that the Petitioner established its ability to pay the proffered salary of $142,088 per year through consolidated tax returns showing sufficient net current assets and proof of salary payments, also considering a merger that combined assets. The AAO also determined that the Beneficiary's employment in India, even while on the U.S. entity's payroll, constituted qualifying employment abroad under the statute and regulations, as the key factor is physical presence outside the U.S. and working for the 'same employer' or a related entity. The matter was remanded for a determination on the merits of the managerial capacity claim.
Quality Assurance Analyst
Food and Beverage · India
USCIS EB-1C remanded
2025-01-17
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.
General Manager
Event Management · India
USCIS EB-1C rfe dismissed
Washington State 2025-01-13
The motions were dismissed because the Petitioner failed to address the specific conclusions of the prior appellate decision regarding the Beneficiary's proposed employment capacity and did not establish that the prior decision was based on an incorrect application of law or policy. Additionally, the Petitioner did not submit new facts or documentary evidence to overcome the deficiencies concerning the claimed qualifying relationship, specifically conflicting ownership information in tax returns and an invalid stock certificate. The Petitioner's new claim of an affiliate relationship was also not sufficiently supported.
Director
Marketing and Advertising · India
USCIS EB-1C rfe dismissed
New York 2024-11-22
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a primarily managerial capacity for at least one year. The evidence provided, including job descriptions and an organizational chart, did not sufficiently distinguish the Beneficiary's role from other senior data scientists or demonstrate primary engagement in managerial duties over operational tasks. The RFE response also lacked specific details on time breakdown for duties and managerial authority over personnel.
General Manager
Event Management · India
USCIS EB-1C dismissed
Washington 2024-10-01
The appeal was dismissed because the Petitioner did not establish that the Beneficiary would primarily perform executive duties, lacking sufficient evidence of subordinates to handle non-executive tasks. The organizational structure and staffing levels were inconsistent and inadequate to support an executive role. Furthermore, the qualifying relationship between the U.S. and foreign entities was not proven due to a defective stock certificate and conflicting ownership information on tax returns. The Petitioner's argument for a 'functional manager' role was also rejected as an improper change to the petition's basis and lacked supporting evidence.
Chief Operating Officer (COO)
Retail · India
USCIS EB-1C rfe dismissed
Nebraska 2024-07-31
The Petitioner failed to resolve inconsistencies regarding the Beneficiary's foreign employment tenure and actual employer. The evidence did not establish that the Beneficiary would be employed in an executive capacity in the U.S., as she could not describe her daily tasks and the shrinking organizational structure suggested she would be involved in day-to-day operations. The appeal was dismissed because the Petitioner did not meet the burden of proof for executive capacity abroad or in the U.S.
Director
Architecture · India
USCIS EB-1C dismissed
Texas 2024-06-28
The motion was dismissed because the Petitioner did not establish that the Beneficiary would primarily manage a function rather than perform it. The evidence failed to show a sufficient subordinate staff to relieve the Beneficiary from performing non-qualifying operational tasks, and the Petitioner did not prove the Beneficiary acted at a senior level within the organizational hierarchy.
Others
Others · India
USCIS EB-1C rfe dismissed
Arkansas 2024-06-26
The appeal was dismissed because the petitioner did not establish that the beneficiary was employed abroad in a managerial or executive capacity for at least one year during the qualifying period. The record lacked a description of foreign duties, and the beneficiary's long-term presence in the U.S. as a visitor since 2015 constituted a disqualifying break in multinational employment. Additionally, the petitioner failed to document the beneficiary's nonimmigrant status and authorization to work in the U.S. at the time of filing.
Software Engineer
Software · India
USCIS EB-1C rfe dismissed
2024-06-17
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary was employed abroad in a managerial capacity. Specifically, the organizational structure showed the Beneficiary in a non-senior role, and his job duties included significant operational tasks such as bug analysis and feature automation. The Petitioner did not provide sufficient evidence of the subordinate team that would have relieved the Beneficiary from performing these front-line technical duties.
Others
Consulting · India
USCIS EB-1C sustained
2024-06-12
The Petitioner established a qualifying relationship as an affiliate within a global network and proved the foreign entity continues to do business. Evidence showed the Petitioner generated between $12 and $15 billion in annual revenue from 2021-2023, satisfying the 'doing business' requirement. The AAO concluded the Petitioner met its burden of proof by a preponderance of the evidence.