All Cases

3 cases · 0 approved / sustained · 1 denied / dismissed · 2 remanded

USCIS EB-1C rfe dismissed
Texas 2025-03-20
The appeal was dismissed because the Petitioner did not demonstrate the ability to pay the proffered wage through required evidence (annual reports, tax returns, or audited financial statements). The 2022 tax return showed insufficient net income and net current assets, while the internal financial reports were unaudited and contained material inconsistencies that were not resolved with objective evidence.
USCIS EB-1C rfe remanded
North Carolina 2025-03-18
The Director's decision was withdrawn because it incorrectly required a separate foreign legal entity when a branch office is sufficient under the regulations. The case was remanded to determine if the petitioner meets the 'doing business' requirement, as current evidence primarily showed seasonal activity and the purchase of services rather than the provision of services.

President

Education

USCIS EB-1C rfe remanded
2024-11-27
The AAO remanded the case because the Director erroneously evaluated the Beneficiary's foreign position as a hybrid role, despite the Petitioner consistently claiming it was managerial. The Director also failed to consider or discuss significant evidence, including an expert opinion letter, organizational charts, and payroll records. For the U.S. position, the Director focused on organizational chart inconsistencies and vague discrepancies regarding the Beneficiary's dual role, without adequately analyzing the proposed managerial duties or the company's staffing structure. The Director also failed to provide adequate notice of evidentiary deficiencies.