All Cases

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

Chief Executive Officer (CEO)

Transportation · Argentina

USCIS EB-1C remanded
United States 2024-08-29
The Administrative Appeals Office (AAO) withdrew the Director's decision and remanded the matter, finding the Director erred by requiring the Beneficiary to supervise professional subordinates and oversee a 'complex' organizational hierarchy to qualify as an executive. The AAO concluded that the record, supplemented on appeal, sufficiently established the Beneficiary's executive capacity abroad through detailed duty descriptions, organizational charts, and evidence of executive-level tasks. The Director is instructed to re-evaluate the U.S. employment in light of the correct executive definition.

Director

Transportation

USCIS EB-1C dismissed
Texas 2023-11-15
The motion was dismissed because the Petitioner failed to state new facts or provide documentary evidence that would change the outcome of the prior decision. The record did not sufficiently demonstrate that the Beneficiary's role met the criteria for executive capacity under EB-1C classification.

Operations Manager

Transportation

USCIS EB-1C rfe dismissed
Georgia 2023-05-09
The appeal was dismissed based on the Petitioner's request to withdraw the filing. However, the AAO affirmed the Director's finding of willful misrepresentation because the Petitioner and Beneficiary provided false information regarding organizational structure, staffing, and the Beneficiary's actual employment history.