All Cases
11 cases · 0 approved / sustained · 8 denied / dismissed · 3 remanded
Chief Executive Officer (CEO)
Wholesale Trade
USCIS EB-1C rfe remanded
California 2025-03-04
The AAO withdrew the Director's decision and remanded the case for a new decision. The AAO found the Petitioner had established it was doing business for at least one year, contrary to the Director's finding. However, the AAO determined that the Director's analysis of the Beneficiary's executive capacity was insufficient, particularly regarding whether the Beneficiary's immediate subordinates constituted 'management' and the credibility of job descriptions.
Others
Wholesale Trade
USCIS EB-1C dismissed
2025-02-24
The motion to reopen was dismissed because the Petitioner did not state new facts supported by documentary evidence, as required by 8 C.F.R. § 103.5(a)(2). The Petitioner merely repeated prior assertions and failed to address the AAO's reason for dismissing the first motion, which was the lack of required initial evidence for several EB-1C criteria.
General Manager
Wholesale Trade
USCIS EB-1C rfe dismissed
2024-12-05
The Director denied the petition because the Petitioner omitted crucial initial evidence, including proof of the U.S. job offer, qualifying relationship, ability to pay, foreign employment duration, and continuing foreign operations, and failed to respond to the RFE. The AAO dismissed the appeal because it did not challenge the Director's findings. The motion to reopen was dismissed because it did not challenge the AAO's summary dismissal and the new evidence provided did not remedy the original denial grounds or constitute the required initial evidence for EB-1C eligibility.
Operations Manager
Wholesale Trade · Dominican Republic
USCIS EB-1C rfe dismissed
Puerto Rico 2024-09-27
The appeal was dismissed because the Petitioner failed to establish that the Beneficiary would be employed in a managerial capacity. The record contained unresolved ambiguities regarding staffing, the Beneficiary's responsibilities, and the nature of day-to-day duties, indicating a significant portion of time would be spent on non-managerial operational tasks and first-line supervision of non-professional sales staff, which does not meet the statutory definition of managerial capacity.
Chief Executive Officer (CEO)
Wholesale Trade
USCIS EB-1C remanded
2024-06-21
The decision was remanded because the Director violated USCIS procedural rules by not granting the petitioner the additional 60-day response time afforded under COVID-19 flexibilities. The AAO withdrew the revocation to allow the petitioner a reasonable opportunity to submit evidence in opposition to the grounds for revocation.
Director
Wholesale Trade
USCIS EB-1C rfe dismissed
Florida 2024-04-23
The Petitioner failed to establish that the Beneficiary would be employed in a primarily managerial capacity as defined by statute. The evidence did not demonstrate that the Beneficiary supervises professional or managerial staff, nor that the organizational structure was sufficient to support a primarily managerial role without significant involvement in routine operations.
Chief Executive Officer (CEO)
Wholesale Trade · Mongolia
USCIS EB-1C rfe dismissed
2024-04-08
The Petitioner failed to establish that the Beneficiary would be employed in an executive capacity because the organizational structure lacked sufficient staffing to relieve the Beneficiary from operational duties. The AAO found that post-filing hirings could not be considered to establish eligibility at the time of filing. Consequently, the Petitioner did not meet the burden of proof regarding the nature of the offered U.S. job.
General Manager
Wholesale Trade
USCIS EB-1C dismissed
2024-02-16
The appeal was dismissed because the Petitioner failed to provide a timely rebuttal to the properly issued NOIR. The Petitioner's claims of procedural defects regarding the service of the NOIR were found unpersuasive as routine service by mail was deemed sufficient. Additionally, the Petitioner did not contest the substantive grounds for revocation or the finding of fraud.
General Manager
Wholesale Trade
USCIS EB-1C rfe dismissed
2023-03-02
The appeal was dismissed because the Petitioner did not prove the Beneficiary would primarily perform executive duties, as the claimed subordinate staff were not employed at the time of filing. Furthermore, the Beneficiary failed to meet the requirement of one year of qualifying foreign employment, having spent only 162 days outside the U.S. during the relevant three-year window. The organizational structure was deemed insufficient to support an executive role for a wholesale diamond business.
Chief Executive Officer (CEO)
Wholesale Trade
USCIS EB-1C rfe remanded
2022-12-01
The AAO withdrew the Director's decision because it lacked sufficient analysis of the totality of the evidence, including the organizational structure and the role of contractors. However, the appeal could not be sustained because the Petitioner failed to establish eligibility at the time of filing, specifically regarding the actual duties of the Beneficiary and the staffing available to relieve him of non-executive tasks. The matter was remanded to allow the Director to issue a new RFE and for the Petitioner to provide updated evidence of its staffing and business activities.