All Cases
3 cases · 0 approved / sustained · 2 denied / dismissed · 1 remanded
Others
Real Estate
USCIS EB-1C dismissed
2024-05-29
The petition was dismissed because the Petitioner did not demonstrate the Beneficiary would function in an executive capacity as defined in section 101(a)(44)(B) of the Act. Evidence showed the Beneficiary was the only employee, suggesting he would personally perform the service tasks of the contract rather than directing the organization. The management of a client's employees (hotel staff) did not satisfy the requirement for executive capacity within the petitioning entity.
Director
Real Estate · United Arab Emirates
USCIS EB-1C rfe remanded
Texas 2023-02-16
The Director's decision was withdrawn because it lacked a complete and accurate analysis of the evidence, contained confusing terminology regarding managerial versus executive capacity, and misinterpreted the Beneficiary's previous statements. The matter is remanded to clarify if the Petitioner is still doing business (given a 'forfeited' corporate status) and to properly evaluate the Beneficiary's roles abroad and in the U.S.
General Manager
Real Estate
USCIS EB-1C rfe dismissed
2022-11-08
The appeal was dismissed primarily because the Petitioner failed to address or contest the Director's finding regarding the ability to pay the proffered wage, effectively abandoning the issue. Additionally, the Petitioner failed to submit the regulatory required evidence (federal tax returns or audited financial statements) to demonstrate financial capacity.