All Cases
2 cases · 0 approved / sustained · 1 denied / dismissed · 1 remanded
General Manager
Construction · Brazil
USCIS EB-1C rfe dismissed
Florida 2023-04-21
The Petitioner failed to provide a statement from the foreign employer confirming the Beneficiary's duties and did not establish a subordinate personnel structure. There was no objective evidence of a qualifying relationship (parent, subsidiary, or affiliate) between the entities. Furthermore, the Beneficiary's stay in the U.S. for over four years in B-2 and F-2 status without work authorization interrupted the continuity of qualifying employment.
Chief Executive Officer (CEO)
Construction
USCIS EB-1C remanded
Florida 2022-03-10
The AAO withdrew the denial because the Director incorrectly applied managerial capacity definitions to subordinates and failed to properly evaluate the submitted evidence, including job descriptions and payroll records. The case was remanded for a de novo review to determine if the Beneficiary meets the four statutory elements of executive capacity.